The Analyze Of The Collective Construction Land Circulation

This paper firstly discusses the main problems of the collective construction land circulation ,including the definition, and the historical development process. Through the defination of the concept involved in the construction land circulation, the researching scope of this paper is determined,concluding the rights transfering, except for functional circulation(goverment leving excluded).Through analysing history of the collective construction land system of our country,the restriction of the collective land is confirmed. This paper then analysis the current situation, including legislation, policies status and the pratical status of collective construction land circulation,demontrating the urgency and necessity of establishing the market.This paper points out, the reason of the restriction of the collective land rights is the administrative power's priority on the surface. But the essential reason is the ownership of collective construction land is limited. Therefore, the improvement of the collective land ownership system is premise of releasement of collective construction land circulation. The paper analyzes problems the collective construction land ownership faceing. Then, based on the analysing of four ownership system reform mode, this paper selects the collective ownership reengineering mode as the direction. Since the representation of the collective ownership representative offices are system designing category, the author selected village level as the organization set up, putting forward the joint-stock cooperative representative offices as the type of the organization.To the problem of whether the housing land belong to the category of collective construction land, this paper assure that it belong to collective constrction land essentially. The propertylaw's regulation is for special protection, rather than for the purpose of dening its essentialty. Therefore, the housing land circulation should be part of the discussion scope. But because of its specialty, this article discussed the land use right specially.The commercial using is the most important part of the collective construction land. Based on the separation of the firstly-circulation and the secondliy-circulation, the paper describe the scope of cir-culation,the subjects involed and design the schedule of circulation. The establishment of system of collective construction land circulation rely on some additional system, involving land intermediaries, the price mechanism, the centralized market, the land expropriation system consummation, the collective land consolidation and reserve system establishment and perfection of the rural social security system.On the basis of the summarizing of the content, the end of the paper explains that the collective construction land's circulation is big system to construct.It still needs a lot of further research.