Study On The Transferen Ceof Rural Collective Construction Land

With the development of market economy and agriculture industry, a series of new problems appeared in the transference of rural collective construction land, the traditional spontaneous way of transference can not meet the demands of new time. Present legal rule has established the use rights system of the rural collective construction land, however, it is still has some problems, such as use rights of the collective construction land is restricted to exchange and forbidden by law to transfer, that is the transference of use rights of the collective construction land has only two ways and land with no attachment was forbidden to transfer and exchange. Thus, it is a practical and law problem now how to build a new transference mechanism of the collective construction land.The paper studied the theories of collective construction transference profoundly and showed that traditional property-right of land transference was under strict control of country and law.Combined the present condition of collective construction transference, we have analyzed in detail by above theories the practical dilemma of collective construction transference. That is, the dilemma of collective law system and land right; the dilemma of land lawmaking and land resource allocation; the dilemma of land law and farmer rights indemnification; the dilemma of land invisible market. On the base of then, we draw lessons form overseas law system, then analyze economy move, society move and law move of collective construction transference. Economy move comes form land efficiency and collective benefits; social benefit and fire means society move; analyze law move form two direction of real right and legal right. Then, we think that collective construction transference is feasible.Form proprietary nature, community feature and its bearing the weigh of special function and so on of village land. We conduct institutional configuration of the first collective construction land. On the base of low efficiency and unfair of free collocation about collective construction land of current lawmaking, we are going to exhaust reasonableness and properness of drawing into land offering for sale system, and bring up system conception on the base of land peculiarity about condition, pathway, procedure and so on of offering for sale contract. According to harmonious social development , we study permitting construct once more and study condition, pathway, procedure and so on of second construction.Last, we draw the conclusions of this thesis that allowance of collective construction land transference is the modification of the isolated land dual structure institutions using market economic system. The concretely suggestions of legislation will be inducted by trend of property-right and given as follows: one, change of value concepts and take more time on usage other than ascription. Two, value change based on rights to social. Three, based on the development trend of property-right, the nation can control the local land vicissitude effectively by modifying the macroscopically land system. We had draw the conclusions that the legal two transfer ways , that is to develop the land only by collective or to develop together with the individual or other units, should be respected by the local government and realized, the use rights of collective construction land was allowed to transfer.