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

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 economic organization would be revoked, and the subject of the collective land ownership would not exist. Therefore, 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 necessary 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.