Research On The Transference Of The Right To Use Collective Land

Land is the most fundamental production resource for agriculture development and the most basic life security for farmers. There are more people and less land resource in our country. The limitation of land resource in countryside requires distributing the land reasonably and effectively. Land's transferring is the only way to do that. It is an inevitable trend of countryside economy development to establish the system of transferring the right to use the rural collective land which consistent with the market-oriented economy. Under the present legislation framework, there are lots of legislative obstacles and defects in the transferring the right to use the rural collective land. Compared with the mature research on the transferring of state-owned land use right, the research on the transferring of the right to use the rural collective land is still on the beginning stage. So it is value in theory and practice to discuss the transferring of the right to use the rural collective land deeply.This thesis, which is divided into five parts, analyzes and discusses the present situation and consummation of the transferring of the right to use the rural collective land by normative analyzing and positive research on the basis of practical probe and looking up the relevant documents.The first part discusses the concept of the right to use the rural collective land and its transferring, which thinks that the right to use the rural collective land is consist of the contracting right of land management, the right to the use of rural collective land for construction and the right to the use of rural house site. The difference between the right to use the rural collective land and other traditional property rights for use such as forever rent right, surface right, is that it is not only a property right, but also it has social security function. The transferring of the right to use the rural collective land includes the first transferring and the second transferring.The second part traces the history of the legislation of the transferring of the right to use the rural collective land in china, which draws the conclusion that the land legislation always pays more attention on the social security of rural land; in totally the historical evolution of land legal system is about the changes of compulsive system primarily; the internal power of the changes of land system is the development of economics and the changes of economic system, which impacts and accelerates each other.The third part analyzes the present situation of the contracting right of land management and puts forward corresponding consummation suggestions. Although the policies and regulations encourage the transferring of the contracting right of land management, it is still on primary stage. The factors that restrict the transferring of the contracting right of land management are those such as the method of distribute the rural land on average at present, the absence of social security mechanism and the market of transferring rural land. Adhering the value of "efficiency first and take account of fair synchronously", reducing the limitation and perfecting the ways of the transferring of the contracting right of land management, and strengthening the relevant system of social security at the same time, bring the function of village collective organ into play suitably, promoting the mass management of land steadily are the ways to consummate the transferring of contracting right of land management.The forth part analyzes the present situation and legal regulation of the right to use the rural collective land for construction. At present law framework, although the transferring of the right to use the rural collective land for construction is restricting, the voluntary transferring exists largely in fact. Because of the absence of relevant law and regulation, the transferring is out of order. Local legislation guides and regulates the transferring of local region, but it raises lots of questions at the same time. It is urgent to formulate laws to regulate the transferring. It puts forward some legislation suggestion on several aspects such as the scope, the way, the procedure, the termination, and the income distribute, etc.The fifth part analyzes emphasis the present situation and relevant consummation suggestion of the right to the use of the rural house site on the basis of the practice investigation of Shandong province. The investigation shows that it is popular to transfer the right to the use of the rural house site especially in suburb countryside, and it is serious that the countryside house lies idle and the house area exceeds the standard especially in remote countryside. It thinks that to cancel the restriction of the transferring, and the guiding idea to consummate the transferring is strengthening the property right nature of the right to use the rural house site. At last it puts forward some consummation suggestion on several aspects such as the obtained of the right, mortgage, transferring scope, and transferring condition, income distribution, etc.