从化市农村集体土地所有权确权登记问题与对策研究
发布时间：2018-11-12 14:31
【摘要】：对于人类来讲,土地资源是最基础的物质核心,是实现社会可支持发展的基本保障。作为一个农业经济大国,农村土地占着无比重要的地位,农村土地能否有效利用直接影响到国计民生。但长期以来,由于土地产权管理建设的滞后,土地产权不清晰,造成土地产权纠纷隐患多。在征地补偿安置过程中,农村集体土地权益往往无法得到有效的法律保障,农村土地的集约利用和土地流转也难以进行、阻碍了农村工业化、城市化进程。因此,实行农村集体土地确权登记,对实现土地定纷止争,促进城乡协调可持续发展、保障农村市场经济健康,维护农村社会稳定非常重要。为保障农村集体土地与农民的基本权益,2013以中共中央的名义明确发文1号文件要求“全面开展农村土地确权登记颁证工作,加快包括农村宅基地在内的农村集体土地所有权和建设用地使用权地籍调查,尽快完成确权登记颁证工作。”而作为农民集体的重要财产权的集体土地所有权,必须首要确认农民集体长期而稳定的土地所有权及其权利。十八届三中全会做出关于农村土地改革的决定,更是要求建立城乡统一的建设用地市场。通过一定程度的实现农村集体建设用地的出让、转让、租赁经营等,力争于国有土地同等同价,充分利用现有农村剩余土地的价值,以土地总体规划与土地用途管制为大框架,将每一块土地的农村集体土地所有权证确认到每个具有所有权的农村集体经济组织,进行集体土地所有权统一确权颁证,才能真正全面贯彻实施农村改革目标。截至2012年底,全国集体土地所有权登记发证率达到94.7%。而广东省截至2012年12月底,全省完成农村集体土地所有权登记为85.8%。从化市在实际推进集体土地所有权发证工作中,存在着众多问题,如集体土地所有权的权利主体与客体不清、所有权权能残缺、宗地划分不完善,插花地、边角地间杂,地籍调查不规范等众多问题,这些问题直接影响了农村集体土地实行全覆盖的布局。本文意在通过实证分析从化市农村集体土地所有权确权登记的主要做法,存在问题思考现行的集体土地所有权登记制度的问题,提出针对性的对策探讨,进一步加强农村集体土地的地籍调查与登记发证,依法确认集体土地所有权,提出通过落实登记工作与创新管理来解决确权登记工作量大与专业技术难度等问题。并尽可能的建立农村集体土地所有权完整性的保障措施,促进下一步农村集体土地流转,并为不动产统一登记提供事实依据。
[Abstract]:For human beings, land resources are the most basic material core and the basic guarantee to realize social support for development. As a large agricultural economy, rural land occupies an extremely important position. Whether the rural land can be used effectively has a direct impact on the national economy and people's livelihood. But for a long time, because of the lag of land property right management construction, land property right is not clear, resulting in many hidden trouble of land property right dispute. In the process of compensation and resettlement of land expropriation, the rights and interests of rural collective land are often unable to get effective legal protection, and the intensive use of rural land and land circulation are also difficult to carry out, which hinders the process of rural industrialization and urbanization. Therefore, it is very important to carry out the registration of the rural collective land right, to realize the land disputes, to promote the coordinated and sustainable development of urban and rural areas, to ensure the health of the rural market economy and to maintain the stability of the rural society. In order to protect the rural collective land and the basic rights and interests of peasants, in 2013, in the name of the CPC Central Committee, document No. 1 explicitly requested that "the registration and issuance of rural land confirmed rights be carried out in an all-round manner," Speed up the cadastral investigation of the ownership of rural collective land and the right to use construction land, including rural homestead, and complete the registration and certification of confirmed rights as soon as possible. " The collective land ownership, which is an important property right of farmers, must first confirm the long-term and stable land ownership and its rights. The third Plenary session of the 18th CPC Central Committee made a decision on rural land reform, which calls for the establishment of a unified urban and rural construction land market. In order to make full use of the value of the existing rural surplus land and make full use of the value of the existing rural surplus land, we should make full use of the value of the existing rural surplus land and take the overall land planning and land use control as the big framework through the realization of the transfer, leasing and management of the rural collective construction land to a certain extent. Only by confirming the ownership certificate of each piece of rural collective land to every rural collective economic organization with ownership and issuing a unified certificate of collective land ownership can the rural reform goal be carried out in an all-round way. By the end of 2012, the registration and issuance rate of collective land ownership had reached 94.710%. By the end of December, 2012, Guangdong Province had completed the registration of rural collective land ownership as 85.8. In the actual promotion of collective land ownership certification in Conghua City, there are many problems, such as unclear subject and object of collective land ownership, incomplete ownership power, imperfect division of patriarchal land, flower arrangement, miscellaneous land between corners and corners, etc. Many problems, such as irregular cadastral survey, directly affect the layout of rural collective land cover. The purpose of this paper is to analyze the main methods of confirming the right of rural collective land ownership registration in Conghua City, to think about the problems of the current collective land ownership registration system, and to put forward some countermeasures. This paper further strengthens the cadastral investigation and registration of rural collective land, confirms the ownership of collective land according to law, and proposes to solve the problems of large workload and difficulty of professional and technical registration by carrying out registration work and innovating management. And as far as possible to establish the rural collective land ownership integrity protection measures to promote the next step of the rural collective land circulation and provide a factual basis for the unified registration of real estate.
【学位授予单位】：华南理工大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F321.1
本文编号：2327384
[Abstract]:For human beings, land resources are the most basic material core and the basic guarantee to realize social support for development. As a large agricultural economy, rural land occupies an extremely important position. Whether the rural land can be used effectively has a direct impact on the national economy and people's livelihood. But for a long time, because of the lag of land property right management construction, land property right is not clear, resulting in many hidden trouble of land property right dispute. In the process of compensation and resettlement of land expropriation, the rights and interests of rural collective land are often unable to get effective legal protection, and the intensive use of rural land and land circulation are also difficult to carry out, which hinders the process of rural industrialization and urbanization. Therefore, it is very important to carry out the registration of the rural collective land right, to realize the land disputes, to promote the coordinated and sustainable development of urban and rural areas, to ensure the health of the rural market economy and to maintain the stability of the rural society. In order to protect the rural collective land and the basic rights and interests of peasants, in 2013, in the name of the CPC Central Committee, document No. 1 explicitly requested that "the registration and issuance of rural land confirmed rights be carried out in an all-round manner," Speed up the cadastral investigation of the ownership of rural collective land and the right to use construction land, including rural homestead, and complete the registration and certification of confirmed rights as soon as possible. " The collective land ownership, which is an important property right of farmers, must first confirm the long-term and stable land ownership and its rights. The third Plenary session of the 18th CPC Central Committee made a decision on rural land reform, which calls for the establishment of a unified urban and rural construction land market. In order to make full use of the value of the existing rural surplus land and make full use of the value of the existing rural surplus land, we should make full use of the value of the existing rural surplus land and take the overall land planning and land use control as the big framework through the realization of the transfer, leasing and management of the rural collective construction land to a certain extent. Only by confirming the ownership certificate of each piece of rural collective land to every rural collective economic organization with ownership and issuing a unified certificate of collective land ownership can the rural reform goal be carried out in an all-round way. By the end of 2012, the registration and issuance rate of collective land ownership had reached 94.710%. By the end of December, 2012, Guangdong Province had completed the registration of rural collective land ownership as 85.8. In the actual promotion of collective land ownership certification in Conghua City, there are many problems, such as unclear subject and object of collective land ownership, incomplete ownership power, imperfect division of patriarchal land, flower arrangement, miscellaneous land between corners and corners, etc. Many problems, such as irregular cadastral survey, directly affect the layout of rural collective land cover. The purpose of this paper is to analyze the main methods of confirming the right of rural collective land ownership registration in Conghua City, to think about the problems of the current collective land ownership registration system, and to put forward some countermeasures. This paper further strengthens the cadastral investigation and registration of rural collective land, confirms the ownership of collective land according to law, and proposes to solve the problems of large workload and difficulty of professional and technical registration by carrying out registration work and innovating management. And as far as possible to establish the rural collective land ownership integrity protection measures to promote the next step of the rural collective land circulation and provide a factual basis for the unified registration of real estate.
【学位授予单位】：华南理工大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F321.1
【参考文献】
相关期刊论文 前7条
1 韩松;;论农民集体土地所有权的集体成员受益权能[J];当代法学;2014年01期
2 王雷;尚改珍;杜天元;肖雁;;新中国农村土地经营模式变迁与探索[J];河北农业大学学报(农林教育版);2013年01期
3 张苏红;吴海峰;;浅谈浙江省集体土地所有权登记发证[J];浙江国土资源;2011年06期
4 李静;;我国农用地登记制度特点和存在的问题[J];东南学术;2009年04期
5 王自力;田明华;陈建成;;我国土地所有权主体重构问题探索[J];北京林业大学学报(社会科学版);2008年01期
6 韩松;论集体所有权的性质[J];河北法学;2001年01期
7 刘海云;李改英;;农村集体土地所有权的缺失与失地农民边缘化关系研究[J];集团经济研究;2007年19期
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