On Improvement Of Legal System On Circulation Of Collective-owned Construction Land

Land is the most important economic resource. Since collective - owned land represents a great part of total usable land in our country, it is inevitable that economic and social development has already made the circulation of right to collective-owned construction land become reality. However, because of the historical reason, it is still a blank basically in the legal system. The academia has not completed deepening, systematic research on this too. The constitution and relevant laws of our country provide that land ownership is divided into two categories, namely the state ownership and collective ownership. In eighties last century, our country began reforming the state land right system under the INTERIM REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING THE ASSIGNMENT AND TRANSFER OF THE RIGHT TO THE USE OF THE STATE-OWNED LAND IN THE URBAN AREAS. This reform established a new category of real right to the state-owned land, which since then as economic resources was put into circulation effectively. This reform has also realized every powers and functions of ownership in land. Because of the particularityof the collective land, vagueness of the collective land ownership, and legal restrictions on circulation of the right to collective-owned land, collective land ownership as legal right in our country exists only in the sense of ownership, and seriously impedes use of the collective construction land as a kind of economic resource. Furthermore it also adversely influences peasant' s interests and development of the rural economy and social causes. In the long run, it is extremely unfavorable to reduce the differentials between city and countryside progressively. This thesis tries to probe into how to perfect the collective construction land circulation system, including topics such as identification of subjects of the ownership, improvement of legal system on land ownership, form of land right circulation, reasonable distribution of the income resulting from circulation of the construction land, and administration of the circulation. It will also put forward to the author' s own view on unification of legal regulations on the land markets in our country.