On The Preferential Protection Of Grant Fee And Land Rent For The Use Right Of Collectively-owned Construction Land

The experience of trial success of the use right transfer of collectively-owned rural construction land has contributed to the policy preparation significantly for such transfer. Constitution of the People's Republic of China, Land Administration Law of the People's Republic of China, and Resolution of Deepening Reform and Tightening Land Management by the State Council have laid the legal foundation for the use right transfer of collectively-owned rural construction land. The transfer mentioned above has become inevitable to take place. However, the critical issue pertaining to the use right transfer of collectively-owned rural construction land is the guarantee of farmers' interest. The most important of all, how is the land grant fee or land rents for the use right transfer of collectively-owned rural construction land protected? Through the analysis of the nature for the land grant fee or land rents generated from the use right transfer of collectively-owned rural construction land, the conclusion reached is that land grant fee or land rents, a realization form of the land ownership, is the right derived from the land ownership. Land is the essential production means for farmers, a disadvantaged group. Land grant fee or land rents relates to the living right of farmers, and serves as the social security and occupational transformation of farmers. In addition, properties added on the collectively-owned rural land by debtors do not only rely on the land in value forms, but also acquire the features of pledge. In consideration of the nature of land grant fee or land rents of collectively-owned rural construction land and through empirical study and comparison study, legislative proposals have been raised to endow land grant fee or land rents of collectively-owned rural construction land with priority by establishing laws; in the meantime, judiciary proposals have been put forward to protect land grant fee or land rents of collectively-owned rural construction land with judiciary priority.