A Legal Study Of The Transfer Of The Right To The Use Of The Collective Land

Since the right to the use of the state -owned land can be transferred in 1990,according the to the assignment and transfer of the right to the use of the state -ownedland in the urban areas, there is also no legal basis for the transfer of the right to theuse of collective land. With the decreasing of the assignment and transfer of thestate-owned land, people pay more attention to the collective land.The right to the use of the collective land can be classified three categories, rightto use of the collective construction land, right to the contracted management of landand right to use house sites. Strictly, right to use house sites belong to right to use ofthe collective construction land, but real right law set the right to use house site onechapter.Although the law and regulations relevant to the right to use of the collective landforbid transferring it, many areas like Baoan in Shenzhen have already allowedtransferring the right to use of the collective land. In market economy system, peoplehave realized land is an important production element, and as a real right, the ownercan do anything he wants to for his interests. So establishing rules regulating thetransfer of right to use of the collective land is necessary. How to regulate it? This isdiscussed in this essay.The right to use house sites is applied by the person belong to collection, if he got it, he could use it for free in (?) long time. Many people against transferring the right touse house site for the reasons that it is the social safeguard for the farmer .Butstudying the fact in many rural areas, farmers rush into cities leaving their house siteunused. Supporting transferring the right to use house sites and establishing landregister rule are mentioned on this essay.With the right to contracted management, firstly discuss this concept; thenanalyze the character and confirm the real right character. In the end with studying thetransferring forms existed and analyzing the law of the People's Republic of China onland contract in rural areas, perfect the related rules of the transfer of the right tocontracted management.