Research On Commercia Utilization Collectively-owned Urban Land

Following the reform and opening, substantial change has been introduced to the land use system applicable to our country's urban land, namely implementation of the system under which land use right limited by various terms is offered for a price. Such change has achieves great accomplishments and helps to establish the urban land market. However, little progress has been made toward the construction land owned by rural collectives and the transfer of collectively-owned land is still in a prohibited or restricted state. Nevertheless, it has been proved by practices in various localities that utilization and capitalization of collectively-owned construction land is a shortcut for development of rural economy, absorbing local labour, improving the income of local peasants and final realization of suburbanizing the rural areas. The current"first requisition then transfer"model is facing resistance from peasants and causes plenty of social contradiction because the peasants'interests in land is forcibly invaded by the state. Author's attention is drawn to the opposition between the practices adopted by authorities and the current laws and regulations. After having gone through large amounts of documents and archives and having conducted field research, author has collected a number of cases and data in relation to transfer of collectively-owned construction land. Through analysis of the pros and cons of the current statutory model as well as the features of various local models, author raises a new mode in this paper which allows the land use right to collectively-owned land to be granted outright. In addition, author believes that modernization and suburbanization of the rural areas is an evitable trend due to the social development, but suburbanization does not mean that the rural areas should be merged by big cities. Rather, suburbanization should be conducted in a self-constructed and self-developed manner, which can only be achieved by introduction of the outright transfer model.This paper consists of four sections. The first section contains the suggestion of establishing a compensatory land transfer system which will not change the overall land ownership. It also illustrates the pre-requisites, methods, systematic hurdles and possible influences on the current legal systems. The second section sets forth analysis on detailed legal issues that may given rise to by the outright transfer model. Mainly relating to substantive and procedural conditions under the granting system, determination of the granting subjects, choice on the grant methods, contents and registration of the grant contract, etc. The third section intends to regulate the disposal activities by the land user of the collectively-owned construction land, mainly including transfer, lease, mortgage and capitalization as capital contribution. The last section sets forth the plan for commercializing the existing collectively-owned construction land by township enterprises with the aim to convert such into granted land use right in order to unify the market for rural land.