The Legal Issues Research Of Using Rights Transferring On Rural Collective Construction Land

With the expansion of the city and the rapid rise of township enterprises, the collective property of land as an asset of the goods is more apparent, the transaction activities of rural collective construction land have become increasingly active. The system of collective land circulation is concerned with the tranquilization and prosperity of farmers, agriculture and countryside, and attaches great improtance with the sustainable development of national economy and society. Hence, it is urgent to research and regulate collective land circulation. The successful experience in several testing city validates both the necessity and feasibility of the circulation of the rights of exploiting collective land, which will produce a positive effluence on deepening the land exploitation system reform.The whole article is composed of four sections:The first section firstly explains some important concepts, such as rural collective construction land, the right to use it, and the circulation of right, demonstrating the research objects of this article, analyzing the principal character of the rural collective construction land use right. Then this section analyzes the institutional evolution of rural collective construction land use right circulation, and indicates that there always be conservative policy about the rural collective construction land use right circulation. Although, presently the government has loosed the policy about flowing into the market of collective construction land, it is not perfect in the system and the law.The second part is about the basic theory of collective construction land use right transfer. Through the separation theory of the ownership power, property right equal protection and property right legal theory and leaning Marx land tax theory and the new institutional economics, this part analyses the feasibility of the collective construction land use rights transfer. The transference of collective construction land use right is the inevitable trend.The third part analyze the current situation of the transference of Rural collective construction land use rights. First of all it is about the real profiles of the collective construction land use right. It includes the subject of the circulation, the way of the circulation, the standardized measures of the transfer. The current situation is that the transfer subject and way is diversification and the regulatory measures are deficient. Next I analyze the empirical of the transference of the rural collective construction land use rights. This article takes example of the model of Wuhu and Chongqing. It is about the place of success and problems of pilot areas. We can obtain the good system measures on the basis of practice. Then we can reserve the basis of the theory and the practical experience.Finally, this paper suggests that, the law should allow collective construction land use right entering market to flow under the premise of in according with the land use plan and land use control. Therefore, we should use for the experience of the market construction of state-owned land, clearing procedures of collective construction land use rights transfer in laws. As soon as possible we should revise laws to make collective land circulation be legalized, define its ownership subject and property rights system and power system, clear the reasonable collective construction land use rights transfer income management measures, perfect the security system of collective construction land use rights transfer, cultivate and establish a series of supporting system of collective construction land use rights transfer such as the system of internal financial management and so on.