城市规划区内集体土地国有化的法律思考

The Legal Thought on the Nationalization of Collective Land in the Planned Urban Areas

城镇化发展需要占用大量城市规划区内的集体土地,然而农民对土地价值的认识使土地征收越来越困难,保留土地的集体所有性质直接推进市场化流转亦难以实现,因为在城镇化中农业人口转变为城市居民,原集体经济组织将被撤销,集体土地所有权主体也就不复存在。因此在现有我国土地二元所有制的法律框架下,仍有必要将集体土地的权属性质转变为国有土地后再加以利用。考虑目前有关推动集体土地集约利用与市场化流转的理论和做法,均存在弊端,有必要探索城市规划区内集体土地成片国有化的方案,尊重集体经济组织的意愿将集体经济组织名下的所有集体土地整体转变为国有土地。实施集体土地成片国有化,应注重充分保障原集体经济组织成员的发展权,还需要在法律上创设集体土地国有化的法律制度,完善集体资产的经营管理制度。

Urbanization development needs to take up a lot of collective land in planned urban area. However, farmers＇ awareness of the value of land makes land acquisition more and more difficult. Marketing circulation of the collective land is also difficult to achieve while retaining the nature of collective ownership, because in the process of urbanization the agricultural population would transfer into urban residents, the collective eco- nomic organization would be revoked, and the subject of the collective land ownership would not exist. There- fore, under the existing legal framework of dual-ownership of land, it is still necessary to transform collective lands to national ones and then to use. There were drawbacks in the existing theories and practices which aim to promote intensive use of collective land and to make the collective land circulate based on market. It is nec- essary to explore the program nationalizing the collective land within a planned city area piece by piece, and respect the will of the collective economic organizations and transform their collective lands into state-owned lands wholly. In the process of nationalization of collective land, we should pay attention to protect the right of the development of the original members of the collective economic organizations. We also need to set up a collective land nationalization system in law and to improve the collective asset management system.