Optimization Logic and Normative Continuation for the Institutional Establishment of Collective-owned Construction Land Use Right
The purposes of this paper are to explain the important coordination function of the institutional establishment in promoting the exercise of collective-owned land ownership,the creation of collective-owned construction land use right,the collective-owned land planning and management rights,and to make legislative improvements in the institutional establishment of collective-owned construction land that has been added to the Land Management Law.The research methods include content analysis,normative interpretation and value analysis.The results show that the current institutional establishment has some problems,including the single"operation"narrowing the establishment right spectrum of collective-owned construction land use right,the limited self-regulation function of collective ownership on land use under the mode of strict use control,the ambiguous subject of establishment behavior and land supply standard,and the inadequate institutional supply of establishment mode.The legal adjustment of collective land needs to shift from"resource security"to"asset effectiveness".In conclusion,it is necessary to establish a theoretical plan to shrink land planning rights and expand the operating boundary of collective property rights,to expand the types of establishment to form a"commercial,public welfare and residential"spectrum.The compatibility between the planning use management and the development of rural industries should be improved.The specific implementation subject and the object standard of net land supply should be established under the entrusting relationship.The institutional establishment supply mode should be expanded to eliminate the limitations of the current transfer rules.
collective-owned construction land use rightinstitutional establishmentcollective land ownershipuse managementland market allocation
万方数据
维普
