Research On The Legal System Of Obtainment & Transfer Of Usufruct To The Collective Construction Land

The present legal system of usufruct to construction land in China consists of stated-owned and collective-owned rights. Collective construction land differs a lot from the state-owned land in the land property rights. Many restrictive clauses are set to the collective construction land in the obtainment & transfer of usufruct. Such restrictive regulations lead the two kinds of usufructs standing on the different legal statues. As the result, the constructive land can not be utilized in an efficient way and meanwhile the peasants get little benefits from their land. In order to expand the utilization of collective construction land in an efficient way, and make peasants get benefits from their land, so as to lessen the disparity between the city and the countryside, great improvements must be made to the present law which is no longer adapted to the present conditions. In this way, the collective construction land can enter the land market legally and the usufruct of collective land can be transferred freely.In this paper, the author has made research in details on the legal system of obtainment & transfer of usufruct to the collective construction land, and then analyzed the problems in the regulations and finally suggestions are proposed for the improvement of the present regulations to collective construction land.