由于我国现行土地管理法律法规的规定缺乏可操作性,由农村集体经济组织收回集体建设用地使用权很难实现。一是农村集体经济组织并非国家行政执法机关,不可能行使行政处罚权。即使收回土地使用权事先经过县级以上人民政府批准, Due to the lack of maneuverability of the current laws and regulations on land administration in our country, it is very difficult for rural collective economic organizations to recover the right to use collective construction land. First, rural collective economic organizations are not state administrative law enforcement agencies and can not exercise their power of administrative punishment. Even if the right to land reclamation has been approved by the people’s government at or above the county level in advance,