Brief Analysis on Institution of Rural Collective Construction Land Transfer

From the viewpoint of strengthening the government management and control of rural collective construction land transfer,this paper gives relevant definitions and puts forward institution and policy of construction land for township enterprises and rural housing land. It is expected to provide institutional guarantee for standardizing the market order of rural collective construction land use right transfer.

Rural collective construction land use in China: Policy issues and options

Land policy in China has been changed dramatically in the past two decades. Though the reform of rural farm land and the urban construction land has been launched successively, little has been done about the rural construction land by now, which has made a negative impact to the land utilization. This paper fi rst reviews the policy terms about the rural construction land, then gives a brief critique on them under the background of social-economic transformation in China, and discusses the driving forces and implications of institutional changes in the end. We think the further reform on the rural collective construction land is imperative. Firstly, as a production factor, it should be endowed with property attribute, and secondly the use right of rural construction land should be separated from its ownership so that it can be transacted in a competitive market, which will benefi t the building of harmonious society.

Classification and Spatial Pattern of Rural Multifunction from the Diversify of Construction Land Use:Taking Tongshan District of Jiangsu Province as a Case Study

The development of rural area in suburban(RAS)is comprehensively influenced by the mixed processes of non-farming,local urbanization and rural industrialization and has distinctive multifunctional features on the socioeconomic and resource utilization.Multifunctional reconstruction in the RAS is mainly manifested by changes in the quantity and structure of the construction land use(CLU).We took Tongshan District of Jiangsu Province as the study case.Following the logic of identifying,clustering,and diagnosing,we assessed the functional features of CLU and analyzed the differentiation of the scale and structure of CLU in RAS,with the aim of identifying the types and characteristics of multifunctional development in these regions.This study found that:1)typical RAS were experiencing multifunctional space reconstruction,and their multifunctional value was emerging and highlighted.The CLU was rapidly expanding,and the types of CLU were evolving from single to multiple uses;2)based on the dominant function of diverse rural CLU,we classified RAS into five types,dominated by the following functions,respectively:commercial services,industrial production,residential living,basic support and public service;3)according to the dominant function and spatial pattern,the development types of RAS were classified into agricultural service,comprehensive services,and integrated industries service,showing a circular spatial pattern from the suburbs to distant suburbs.The results can provide policy implication by creating new development impetus from rural multifunction perspective to promote the RAS revitalization.

The Evolution of Urban and Rural Construction Land Based on Spatial Econometrics:A Case Study of Bijie City

Based on the theory of spatial econometrics,we test and process the urban and rural construction land data during the base period of planning and late period of planning in Bijie City.And we conduct comparative analysis of the spatial pattern and evolution characteristics of urban and rural construction land in 41 towns of Bijie City before and after the planning.According to Getis-ord G i coefficient test results,the cold spot area of urban and rural construction land in northeast of Bijie City will gradually disappear,and the key point of hot spot area will be gradually transferred from the central region to the central and eastern regions.The results show that under the guidance of the overall land use planning in Bijie City,the urban and rural construction land will show strong spatial autocorrelation;agglomeration benefits and scale merit will appear clearly,in line with the actual situation of current development of Bijie City.

Spatiotemporal Evolution and Influencing Factors of Urban-rural Construction Land in Rural Industrialized Areas in China:Case Studies in Changyuan City and Xinxiang County of Henan Province

Since China’s reform and opening up in 1978,the acceleration of industrialization and urbanization in China had led to dramatic changes in the pattern of urban-rural land use.In this paper,we focused on the rural industrialized areas in central China(Xinxiang County and Changyuan City of Henan Province).We used the average nearest neighbor index,spatial statistical analysis,and a structural equation model to analyze the spatiotemporal evolution and influencing factors of urban-rural construction land based on multisource spatial data and survey data.The results showed that:1)from 1975 to 2019,the spatial distribution of urban-rural construction land in rural industrialized areas had evolved from homogeneous distribution to local agglomeration.In terms of comparative analysis of cases,the spatial distribution of urban-rural construction land in Changyuan City had shown a trend from diffusion to agglomeration,and Xinxiang County had overall shown a spatial change from homogenization to agglomeration and then to regional integration development.2)The hot spots with increased urban-rural construction land significantly expanded,and they had a high degree of spatial overlap with industrial development.Among them,Xinxiang County was concentrated in central and marginal areas,and Changyuan was mainly concentrated in central urban areas.3)From the evolution of spatial proximity of urban-rural construction land,rural industrialized areas generally decline,showing the characteristics of internal differentiation in the rate of change.4)Industrial development,social economy,the policy environment,and urban development played a positive role in promoting the expansion of urban-rural construction land in rural industrialized areas.To promote the optimal use of regional land and the integrated development of urban-rural areas,we should combine the advantages of regional endowment,formulate development strategies according to local conditions,and adjust the way that land is used in a timely manner.

Methods and Paths for Rural Collectively Owned Profit-oriented Construction Land Entering into Trading Market

On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.

Discussion on Mode of Key Link in Increase and Decrease Connection of Urban and Rural Construction Land

With the methods of qualitative analysis, induction and deduction, modes of key links in increase and decrease connection of urban and rural construction land are proposed in view of the involved three key links, namely reclamation of rural construction land, fund raising and management of connection turnover index, based on the comprehensive analysis of political connotation in increase and decrease of urban and rural construction land. The modes include "village relocation and combination", "hollow village" reconstruction, high-rise stereo, village relocation in the mountain and related capital raising and turnover index management and the applicable regions of various modes are analyzed and studied. The research result provides reference for the reasonable operation of increase and decrease link of urban and rural construction land.

Study of Urban and Rural Construction Land Change Based on Small Scale in Dafang

This paper is to examine the urban and rural construction land data of Dafang between basic year and final year based on country scale and spatial econometrics,and analyze its spatial pattern and change feature. According to the results,the construction lands in all the villages of Dafang County showed strong spatial autocorrelation and significant spatial cluster. After the analysis of local Moran's I,the construction lands in 381 villages of 36 counties presented strong activity. The original small-scale villages were gradually enlarging,which will not only gradually benefit local development,but also be in accordance with the strategy of " one city,one district,eight parks".

Promoting Poverty Alleviation through the Project of Linkage of Urban Construction Land Increase with Rural Construction Land Decrease——A Case Study of Binchuan County in Yunnan Province

The policy of linkage of urban construction land increase with rural construction land decrease is an important task for poverty alleviation. It not only promotes the intensive use of land and the coordinated development of urban and rural areas,but also plays an essential role in poverty alleviation development and the relocation of poverty alleviation. It provides a strong guarantee for winning the project of poverty alleviation. Taking the project of linkage of urban construction land increase with rural construction land decrease in Binchuan County in Yunnan Province,combined with the current situation of poverty alleviation and relocation in Binchuan County,the implementation of related policies of linkage of urban construction land increase with rural construction land decrease,and path of relocation poverty alleviation,this paper introduced problems in the implementation of policies of linkage of urban construction land increase with rural construction land decrease in Binchuan County,and came up with recommendations for the project of poverty alleviation through linkage of urban construction land increase with rural construction land decrease.

Corruption of Village Cadres and Construction of Clean Government in Rural Land Management in China

This paper analyzed the types and causes of corruption of village cadres in rural land management in China. On the basis of current corruption situation,it came up with recommendations including improving the financial system at the village level,establishing land information network,and reforming functions of village committees in the land management,in order to prevent corruption of village cadres in the land management and establish and improve the clean government mechanism for village cadres.

Model and Strategy of Urban and Rural Construction Land Market Integration

At present,one of the important contents of China s rural land system reform is to build a unified construction land market in urban and rural areas.The unified construction land market in urban and rural areas will produce higher economic and social benefits.It is imperative to promote the integration of urban and rural construction land market to improve the income of farmers,invigorate the stock of rural collective construction land and improve the efficiency of land use.This paper analyzes the current situation of urban and rural construction land market,the two models and typical cases of urban and rural construction land market integration,the restrictive factors and practical difficulties of urban and rural construction land market integration,and puts forward some suggestions and measures.This provides a theoretical basis for accelerating the integration of urban and rural construction land market,and hopes to provide a certain reference for the integration of urban and rural construction land market.

Study on the Construction of China's Unified Urban-rural Construction Land Market

State-owned urban construction land market in China has evolved and been improved gradually, but use system of rural collective construction land has lagged far behind, so the urban-rural construction land market in China has been split with a result that use effi ciency of land resources is poor and collective land property rights of peasants are damaged. On the basis of analyzing problems of the current construction land market and also the causes, modern land property theory and institutional change of neoinstitutional economics are applied to study dynamical mechanism and development path of the construction land market, to construct the unifi ed construction land market system of China, and to propose corresponding guarantee policies, so as to achieve the effective allocation of construction land and maximization of social welfare.

An Analysis of the Factors that Affect Collective Construction Land Transfer Price: A Case Study of Yichang City

The transfer of the rural collective construction land is increasingly accelerating,and the factors affecting transfer price are manifold. In this paper,the research area is Yichang,and we establish hedonic price model to explore and analyze the factors which affect the collective construction land transfer price. The simulation results show that in geographical factors,the higher degree of prosperity,road accessibility and soundness of infrastructure will result in higher collective construction land transfer price; in economic factors,the higher farmers' per capita net income and added value of the village's tertiary industry will lead to higher collective construction land transfer price; in ownership factors,the integrity of usufruct,disposition and possession has increasingly significant impact on collective construction land transfer price. In the process of establishing rural collective construction land circulation market,the government should gradually improve conditions of collective construction land; strengthen the construction of the rural economy,improve the economic attribute of the collective construction land; establish and improve China's rural collective construction land-related laws and regulations,make the rural collective construction land use rights clear,and give the whole rights of occupation,use,earning and disposition.

MLR: Scheme of Establishing Pilots for Rental Housing Construction on Collective-Owned Construction Land Use in 11 Cities Approved

On Jan.25,2018,the Ministry of Land and Resources(MLR)declared that the Scheme of Establishing Pilots for Rental Housing Construction on Collective-Owned Construction Land Use in 11Cities including Shenyang,Nanjing,Hangzhou,etc.,has been approved.MLR emphasized that the pilot areas should follow the principle of house for living,not for speculation.And according

Rural Collective Construction Land Transfer Based on Stakeholder Analysis

In order to establish a unified construction land market, it is necessary to choose a rational pathway for the market transfer of Rural Collective Construction Land （RCCL） in China. This paper focuses on different methods of RCCL transfer based on stakeholder analysis and three case studies including models from Guangdong, Wuhu and Chongqing. The main finding is that all three models improved resource allocation efficiency and intensive utilization of RCCL through land and capital transfer. Each model built different interest coordination mechanisms among stakeholders, suited to different regions and cases. The Guangdong model is suitable for an economically developed region. The Wuhu model is suitable for developing regions in central China while western underdeveloped regions in China can adopt the Chongqing model. The policy implication is that better policy making for the promotion of RCCL transfer in China should consider regional characteristics as well as the economic development context.

Spatio-temporal analysis of land-use conversion in the eastern coastal China during 1996-2005

Based on the acquaintance of the regional background of urban-rural transformational development and investigations on the spot,this paper discusses the holistic situation, dominant factors and mechanism of arable land loss and land for construction occupation in the coastal area of China over the last decade,with the aid of GIS technology.Conclusions of the research are summarized as follows：（1）the arable land had been continuously decreasing from 1996 to 2005,with a loss of 1,708,700 hm^2 and an average decrement of 170,900 hm^2 per year;（2）land for construction increased 1,373,700 hm^2 ,with an average increment of 153,200 hm^2 per year;（3）total area of encroachment on arable land for construction between 1996 and 2005 was 1,053,100 hm^2 ,accounting for 34.03%of the arable land loss in the same period,the percentages of which used for industrial land（INL）,transportation land（TRL）,rural construction land（RUL）and town construction land（TOL）are 45.03%,15.8%,15.47%and 11.5%,respectively;and（4）the fluctuation of the increase of construction land and encroachment on arable land in the area were deeply influenced by the nation＇s macroscopic land-use policies and development level of regional economy.The growth of population and advancement of technology promoted the rapid industrialization, construction of transportation infrastructures,rural urbanization and expansion of rural settlements in the eastern coastal area,and therefore were the primary driving forces of land-use conversion.

MapGIS与Rural相结合在城市土地报建中的应用

土地分类在土地使用报建中早已成为必须提交的资料 ,而土地分类的精度与准确度不仅关系到用户的切身利益 ,更关系到国家在土地的宏观利用中的正确决策 ,有感于此 ,作者结合自己在日常利用MapGIS与Rural进行土地详查统计与土地报建工作中所积累的经验 ,提出利用MapGIS图形裁剪功能从1:10 0 0 0的详查图图斑文件中裁出所需的部分 ,经过一定的处理 ,然后在Rural中建立一个工程 ,从而可准确的统计出所裁部分的土地分类。

城乡建设用地增减挂钩政策与城乡收入差距

在空间均衡视角下,建立理论模型分析城乡建设用地增减挂钩政策对城乡收入差距的影响,并通过实证分析进行政策评估的结果表明:增减挂钩政策能够提高城乡居民人均收入,但是对城市居民人均收入提高幅度更多,从而加大城乡收入差距。如果配套实施农村生产率提升的增减挂钩政策,在提高城乡居民人均收入的同时,这种综合性改革能够促使农村人均收入提高幅度更大,进而缩小城乡收入差距。随后,基于2000—2016年省级面板数据,采用逐期双重差分法与合成控制法分别评估城乡建设用地增减挂钩政策与配套实施农村生产率提升的增减挂钩政策对城乡收入差距影响的实证结果发现:自2006年实施增减挂钩政策后,增减挂钩试点省份的城乡收入差距均值提升0.125,达到2.820;自2008年实施配套农村生产率提升的增减挂钩政策后,重庆市的城乡收入差距均值下降0.261,达到3.043。基于此,在城乡融合背景下,我们应建立健全城乡统一建设用地市场制度。

论集体公益性建设用地使用权的法律构造

集体公益性建设用地使用权的法律供给严重不足,学者观点又存在较大分歧。在“房地一体”登记下,集体土地所有权的代表行使主体享有独立的集体公益性建设用地使用权,并应平等、补充适用《土地管理法》与《民法典》。界分村级组织集体公益性建设用地使用权的登记主体是村民委员会还是农村集体经济组织,应尽量登记给村民委员会。集体公益性建设用地使用权的设立宜采取拨用而非划拨的方式,并经登记生效;其不能抵押,但可以在不降低公益效用的前提下,经政府机关批准和集体成员民主议定,采取转让、互换等方式处分。集体公益性建设用地使用权因集体公益收回应当符合比例原则,因经营性转化应当明确转化的条件、程序、方式和收益分配。

集体经营性建设用地入市制度的实施与司法应对

落实和实施集体经营性建设用地入市制度对于构建城乡统一的建设用地市场意义重大。现行法虽然为集体经营性建设用地入市提供了许多实体、程序规则,但存在规范不衔接乃至规范冲突等问题,为此,须从司法裁判视角确定各类相关规则的规范功能和规范要求。具言之,在司法审查过程中,集体经营性建设用地应采用“集体土地所有权依法登记且入市地块符合现行有效的国土空间规划”标准进行认定,集体经营性建设用地入市的决策应遵循“全体具有完全民事行为能力的成员三分之二以上参加并同意”规则,集体经营性建设用地入市合同应认定为民事合同,集体经营性建设用地入市监管协议的法律性质应认定为行政协议。围绕集体经营性建设用地入市合同和监管协议产生的纠纷应当分别通过民事诉讼和行政诉讼程序加以解决。