Research On Legal System Of The Transfer Of The Land-use Right Of Rural Collective Construction

The transfer of the land use-right of rural collective construction is the demand of social development to adapt to the market discipline. Our current laws and regulations on rural collective construction land use rights transfer is not stated explicitly, but in practice, especially in the urban-rural areas, rural collective construction land use rights transfer have been a commonplace. The regular and standard transfer concerns the deepening of the reform of the rural land system and the construction of new socialist countryside. Therefore, the research of the rural collective construction land use rights transfer has important theoretical and practical significance.The land-use right of rural collective construction refers to the land owned by collectives on which buildings and structures are put up, including house sites, land for rural enterprises, public facilities, land for public welfare undertakings and so on. Rural collective construction land use rights refers to the units or individuals have the right to own , to use, to collect the earnings and dispose according to the law on the land for buildings and structures. The land-use right of rural collective construction is a kind of usufructuary property. The rural collective construction land which can use the transfer rights must been approved to the construction land, for the obliges must have legal ownership of the land of rural collective construction, and the ownership must be made clearly and have no dispute.In our country, the land-use right of rural collective construction can not be sold, transferred, mortgaged or leased as stated-owned land use rights, only in the condition which is shareholder, bankruptcy, joint venture ect. It can be transferred. It's basically unhallowed to make the business development for rural collective land. The imperfect legal system leads to many problems: the local government intervened the income distribution of the transfer use-right by using the administrative authority, the interests of farmers aren't be effectively guaranteed; It can't form the unified market of land use right; The supervision of government for the land use conversion is insufficient.The land-use right of rural collective construction transfer in our country is divided for three modes: farmers' autonomic transfer, rural collective organization transfer, and the "nationalization" of government transfer. The three modes, which has its own advantages and disadvantages, ought to be chose suitably for the different circulation in different areas. Farmers' automatic transfer mode gives farmers greater autonomy, but the supervision of rural collective construction land use rights transfer is much more difficult. In rural collective organizations transfer mode, the lands may be dominated by the members of the village committees. The "nationalization" of government transfer mode can make the rural collective construction land use rights transfer better adapt to urban planning and construction, moreover, it's in favor to the whole safeguard farmers' legal rights and interests, but also exists that local government use administrative power to infringe on farmers' interests.The realization of the land-use right of rural collective construction transfer in an orderly manner can improve the existing land system and promote the process of urbanization in China. To achieve the land-use right of rural collective construction in an orderly, reasonable flow, we must do the following: First, we should clarify the property rights and use rights, give the complete power and equal position, establish the resignation system of rural collective land. Second, the earning-distribution system and the main body should be fixed, give attention to the interests of nation, collective and farmers, to control it strictly by the use of earnings. Third, improve of the relevant measures of the rural collective construction land use right transfer. For example, the creation market of urban and rural construction land use rights transfer, the normative evaluation system of land which is including the minimum prices and public price management; the slandered supervision and management of the government, and the strengthen control of land use, strictly prohibition for the transfer from agricultural land to non-agricultural land.The land-use right of rural collective construction transfer system is a broad and profound complex system, I believe that through a series of exploration and research, we can establish the law system of rural collective construction land use rights transfer which match up to the situation of our country.