Abstract: The new "The Land Administration Law of the People's Republic of China" defines the market entry system of collective operating construction land and the path to protect the rights and interests of diversified homestead, so that collective land could have the same rights and prices as state-owned land. Whether land acquisition into the market, direct entry into the market or low efficiency reduction are the means and modes to implement territorial spatial planning and maximize the comprehensive benefits of land. It is very important to fully recognize the power given to collective land by the new law, and to protect the development rights and interests of farmers through direct participate to redistribution of land value-added income. Therefore, for collective operating construction land in different locations, we can implement differentiated land use mode according to local conditions. On the other hand, for the inefficient and illegal use of homestead, we should actively explore the exit and paid usage mechanism, and finally achieve the purpose of optimizing urban and rural spatial layout and intensive and efficient land use.