The new Land Administration Law and its implementing regulations were officially implemented on January 1, 2020 and September 1, 2021, respectively, and one of the biggest highlights of the new law is that it allows collective operation construction land to enter the market, and clearly stipulates that it can be transferred, joint venture, investment and equity participation.
Allowing collective operation construction land to enter the market has realized the collective land ownership of peasants, promoted the development of the rural construction land market, straightened out the relationship between collective land ownership and state-owned land ownership, and is conducive to the realization of collective land ownership rights and interests and peasants' land property rights and interests.
However, objectively speaking, among all the ways of entering the market, the transfer is a "one-hammer transaction", which transfers the right to use the collective operation construction land for a certain period of time, and the land income and its land appreciation after this have nothing to do with the peasants. Therefore, the transfer of collective land use rights is not the best model for protecting and realizing the interests of farmers.
Land is an increasingly scarce resource, and land prices will increase with socio-economic development. Therefore, rural operational construction land should be more likely to share the benefits of land appreciation, such as shareholding and joint venture, which is conducive to ensuring the sustained growth of farmers' income.
