Study Of Chinese Rural Collective Construction Land Use Rights System

Collective construction land use rights system is one of the most important land Property right system in China. The reform and perfecting of this system is a key issue which connect with the Chinese economic development, with the resolve of the rural land problems, with the improve of the peasant rights, with the promotion of the peasant enjoy the capital gains. The dissertation study from dimensions of reality and historical development of Collective construction land use rights and from the conflict between laws and reform methods, and then the author draws a conclusion independently. Based on the conclusion of the research, the author gives the suggestions about the reform and perfecting of Chinese collective construction land use rights system. With the development of Chinese urbanization and market economy, it's the urgent request of the history and reality of Chinese to us which make the Collective construction land use rights system clear and make this system suitable with the Chinese economy, society, and culture's development.The introduction of the dissertation introduces the significance of study, research scope, research methods, situation of study, main ideas and innovations of the dissertation. Paper text is divided into 6 chapters, approximately 200000 words.Considering of the lack of research of the basic theory of Collective construction land use rights system, the author begins the research from the conception, characteristics and classifications of Collective construction land use rights system, and clear the basic components of Collective construction land use rights system, illustrate it from subject, object and efficiency, the change and registration. Through the analysis of the function and legislative value orientation of Collective construction land use rights system, the author pointed out that the foundation of the Collective construction land use rights system is for the common prosperity of the farmer, it's a basic system of socialist public ownership, and contains lots of political factors in it.Through the comparison between Chinese ancient land system and other country's land system in modern world, the author pointed out that the average land ownership is the ideal of millions of farmers in ancient time of China, and land is the social security of farmers. Except this, the author pointed out that the private land-ownership rights don't conflict with the common prosperity based on the example in west countries.The history of Collective construction land use rights system is connecting with the revolution of Chinese Communist Party. The rural land policy of the Chinese communist party in the beginning period is the private land-ownership rights. With the help of Chinese peasant class, the Communist Party in China found the new country. The supreme prayer of Chinese Communist Party is common prosperity, which looks like conflict with the private land-ownership rights. Because someone believed that private ownership is the reason of polarization between the rich and the poor, which is unbearable to the Communist Party after the foundation of new China. And then the Collective rural ownership system becomes the history choice of Chinese Communist Party. When the ideal of common prosperity becomes common poverty, when the wonderful dream conflicts with the social development, the reform becomes the solely choice. For explain this, the author analyze several foundational problems of Collective construction land use rights, mainly concern the legitimacy analysis of the foundation of collective construction land use rights, the relationship between ownership, ownership problem and civil legislation, the collective land ownership implementation etc.At the beginning of the foundation of Collective construction land use rights, it has some historical rationality and superiority. But with the development of market economy, the Collective construction land use rights appear more and more deficiency. Through the comparison between Collective construction land use rights and State-owned construction land use rights, the author pointed out that the Collective construction land use rights embody the ideal of socialist public ownership, and the country ownership is better than collective ownership in socialist theory. The author pointed out at the same time that the specific system of Collective construction land use rights'lack reflects the immaturity of this system. The dual division method of construction land use rights exist major problems in scientific theory foundation and scientific. The close connection between country ownership and collective ownership decided both can be combined.The circulation pilot and reform of Collective construction land use rights are the important parts of rural land reform. The circulation pilot of Collective construction land use rights is precludes for deepen the rural land reform. The pilot project is in the sphere of law at first, and then into the deepwater of reform which under the direction of the State Council, many measures and ways are beyond the sphere of law. Almost all of the pilot project areas realize the default and insufficient of Collective construction land use rights, with the promotion of super stratum and the initiate participation of public, the remedy to the default and insufficient becomes more and more customized. Through the sixteen years pilot project, the successful experiences are sharing in the rural land reform. The key point of guidelines of rural land reform is promote achieve common prosperity, the circulation pilot of Collective construction land use rights embody it very well.From affirming land rights to the capitalization transformation, although some parts of them are beyond the rule of law and the tradition acknowledge to rural land, it is obvious to promote the economic development, incomes improvement of rural areas and peasants. The dissertation introduces the Collective construction land use rights' transfer cases which happened in Wuhu Anhui Province, Chengdu Shichuan Province, introduces the Collective construction land use rights reform which happens in "villages inside cities" reconstructions in Guangdong Province etc.The perfecting of Collective construction land use rights is a key component of rural land reform, is the target of rural land reform experiment. For reform and perfecting the Collect construction land use rights, we must have a clear idea to the defect of Collective construction land use rights, to the social results which caused by the defect of Collective construction land use rights, and then solve a thought to understand a problem of reform, only do like this we can understand the successful experience of reform pilot project, and design the new Collect construction land use rights system which satisfy the scientific of property law, benefit to promote the resolve of problem in rural areas and to construct harmony socials. The circulation makes the defect of Collect construction land use rights clear, and then give the suggestions of perfect the Collect construction land use rights from the parts of rights and procedure.