Study On The Transfer Of Chinese Rural Collective Construction Land Law System

Since 1990, peasants built standard factories, warehouses and shops to rent by themselves in Zhujiang Delta, Changjiang Delta and some huge cities'suburbs in the areas of policy and law. Some of peasants even rent their land directly and illegally regardless of the restrictions of law. These behaviors led to the appearance of collective construction land transfer recessive market, and the number and scale of transfer are increasing. The existence of recessive transfer market of rural collective construction land using rights not only seriously influences the normal operation of the land state-owned but also makes collective land a lot of loss, which results in no protection of peasants' benefits. Unauthorized altering the use of land destroyed a large amount of arable land, which brings a big pressure to our national lasting supply of foodstuffs. Township enterprise using collective land without spending money or a little money, not only makes using efficiency low, but also has land unused. It has been proved that related laws and institutions about limiting rural collective construction land entering market in China has been in a crisis. Reform of rural collective construction land using institution is an irreversible trend, which is an unavoidable and hot problem.This thesis examines the deficiency and achievement of the rural collective construction land law policy using some analytic methods and tools, including land property right theory, system & economics theory and law & economics theory. It enters the central argument from the point of rural collective construction land law being the foundation. And this thesis discusses the problem in the range of collection construction land use policy. The thesis emphatically uses the method of law and economics to explore if the transferability of township enterprise construction land and farmer housing could be essential and feasible. Immediately after that, it sums up the patterns, experiences and lessons of the reform in township enterprise land use policy and farmer housing policy in the whole nation expecting to support the analysis of the former part. At last, it suggests building a series of scientific, reasonable and effective law system with the logical thinking of "problem-reason-feedback".From the changing process of collective construction law policy we may get some discoveries below:First, the way in which collection construction land use policy changed is a typically forced institution change. Transforming the private ownership of collective construction land into collective ownership met the requirements of accelerating the capitalized accumulating. Objectively, it strengthened the capability of disposing resources. After all, political factor is the decisive one which makes the ownership changed. Second, in the pace with gradually making market economic system perfect and rapidly moving the process of urbanization on, the land assets idea appeared more clearly day by day. The transforming of collective construction land policy created latent income increasingly. The former balance of system was broken. The changing trend of collective construction land policy is inducing institution change. Third, the way of transforming system is dependent. It is necessary to take historical and realistic factors into consideration in the creative process of collective construction land use policy. For instance, peasants' cognition and complex to land formed in the historical process. Fourth, according to the North's theorem, whether collective construction land policy can get creative transfer and good effects depends on the net income got in the creation of system. Besides, the balance of interests between central government, local government, peasants' collective economic organization and people who take advantage of collective land, which means that it requests the owner's profits and the user's profits to be as identical as possible.Through the analysis of supply-demand and income & cost, it appears that in the transfer process of township enterprise land and farmer housing rights, the income of local governments, collective economic organizations and peasants increased. Local governments and peasants had the inherent enthusiasm and creativity. Central government's income decreased relatively. That decrease part will surely transfer to peasants and collective economic organization. But the social welfare is always increasing, which means that the net income of system changing will increase. So township enterprise land and farmer housing land being transferred in market is reasonable and inevitable, however, it needs to build a perfect rural land market, standardize the transaction activity,supply a law system actively.Various places formed "the Wuhu Pattern", "the Nanhai Pattern" in the transfer process of township enterprise land. Besides, in the transfer process of farmer housing land, "exchange farmer housing for apartment" in Tianjin was affirmative and spread rapidly in the whole country. Jiangdu adopted this pattern in the "together living" process. The behavior that peasants participate in market through cooperation is a kind of institutional guarantee that ensures Chinese peasants'taking part in industrialization and urbanization. The particular forms are various. Different methods have different advantages. Among all of these, the most efficient one is the most vital one. Certainly, it will expand with government's sustain and protection. Under the complicated situation of China, transfer patterns explored in different places have their own focalization and reasonability. These phenomenons are also caused by government's different activities and diverse local economic levels. It is the appearance of suiting measures to local conditions as well as seeking truth from fact. Although these patterns distinguish from each other, they together have formed a common topic:marketable transfer is the direction in reforming township enterprise land and farmer housing land. The key is still to create land property rights policy. The kernel of reform is to protect peasants' benefits, making them participate in the process of urbanization, so that they can share the profits to which the transformation of land using brought.The permission of collective construction land circulation, realizing the city and countryside construction land market to connect rails, are the inevitably choice to deepen the land market reform and to regulate the land market order. This choice has the full theory basis. First, from the economic angle, it is the inevitably request to respect the farmer's development right in land, to overcome exterior effects in land utilization. Next, form the legal science angle; it is the basic way to realize equality between collective land ownership and state-owned land property rights, and to restrict the abuse of land levy power."How to innovate in rural collective construction land use policy and law" is the key to the thesis. It proposed the entire target and directive idea of the transformation of rural collective construction land policy as well as the demand of system's perfection. Simultaneously, it pointed out the problem that it needed to take combination of creating new idea and actual system into consideration. At last, the thesis discussed law of rural collective construction land transfer and put forward some suggestions.