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On Optimizing the Legal Systems of Rural Collectively-owned Construction Land

Author: WuJuan
Tutor: YueCaiShen
School: Southwest University of Political Science
Course: Legal
Keywords: rural construction lands transaction legal system perfection Chongqing transaction of rural lands exploration
CLC: D923.2;F301
Type: Master's thesis
Year: 2011
Downloads: 202
Quote: 0
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Abstract

It is an important strategic issue of lands protection, especially for the rural land in current China. But the tough needs for the land resources for the modernization construction would be the serious challenge for the whole plan for the protection of the national lands resources.And more, the proceeding of the urbanization and the reducing number of the farmers that are to make the social reforming goal of the rich-life for farmers; the implement for the model of mess-production in the farming would both put the new demands to the integrated utilization for the rural lands. So the changes must do with the changed models and methods.As for the need of the construction lands and meet the efficient target for the recover the rural lands, particularly the rural construction lands, it is necessary to combine the supplement of the“rest”recovery lands with the needs for the urban construction lands in order to make the mortified balance between the rural and urban lands. Therefore, it would meet the desires for the constructions lands while keep the amount of lands to protect the national land resources. However, if the political designation to realize the economic and social goal does, it must begin with the analysis of the detail rules of the concerning legal system of the protection in rural lands to promote the practical, scientific and certain reforms.The current legal system in this area has the limited rules which is in some extent strengthen the structural contradiction for the rural and urban construction lands supplement. And some of local governments adopt the illegal transaction for the usufructs to cause the hidden contradictions and disputes that are hard to clean totally for the social stability. So it is necessary to make the adjustments for the relative legal systems.The rural construction lands are the current cherish physical treasures for the most farmers in China. But under the limits of the current legal system, the property rights of those rare resources are too difficult to enter into the market. And shaping a united market system and the legal system for the rural and urban construction lands to make the usufructs similar with the nation-ownership lands to transact the usufructs equally and fairly in order to cover the all various qualities for the land usufructs under the marketing designation, which would promote the social progress and the development of economy under the basic rules of the market economy. And that is the standpoint for this paper’s legal study.While for the strictest protection of the farming lands and in order to ensure the forced needs of the urbanization, the industrialization and the modernization and the fully realization of the rural collective construction lands, China should correspond with the current situation to perfect and construct the rural and urban unity to make the transaction preparing conditions This article would be the great masterpiece. There some necessity of the analysis and the materials and also the fresh experiences to summarize. For the powerful reasoning, the whole text is full of the trustable cites and the demonstrations. Indeed the paper connect the Chongqing practices in the recent years closely to give the argument and the author considers that the transaction store and the land quota would be the innovation for the beneficial reference for the rural construction land system in China.The paper is divided into the following four parts.Part one is to discuss the current situation about the transaction legal system. The Lands Regulation regulated the limited rules for the free transaction that is to cause the many difficult and problems for the rural construction lands.Part two is the summary for the relative practices in this area. For the changes, the central and local governments made some constructive attempts and make the regulations. In the academia, the concepts of the“keep the rights and share the benefits”,“transact the rights with the benefits”,“the sharing model”for the perfecting and reforming the legal systems.Part three is to analyze the innovation meaning for the establishment of the transaction and land quota in Chongqing. As the unified urban and rural testing area, Chongqing commits itself into the reforms and innovations in the land system to explore the new methods and models for the unit development and the market economy rules. And the paper explains the Chongqing model’s context and meanings.Part four is to prefect the transaction legal system for the rural construction lands. Combing with the conditions in Chongqing, the author suggests that the upper level laws as the Lands Regulation, the Civil Law and the Property Law should be adjusted and the make the professional regulations for the rural construction to under the legal procedure and to standard the relative administrative system to make the disorder in the transaction and to establish the market system and to construct the regular policies to solve the employment, the medical-caring the pension for the no-land farmers to make the safe and comfortable lives after the transaction of their rural lands.

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