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

Under the dual economic structure of urban and rural areas,our state institute the ownership of the land by the whole people and by the community. In the homologous side, our state carry out the totally opposite management between the urban construction land right and the collective construction land right. The urban construction land and the agricultural land can be put into market to a certain degree, in the meanwhile, some law instrument also provides the circulation of them. But the law impose a close confinement on the usufruct to the collective construction land. Our system of the usufruct to the collective construction land can't meet the demand of the practice, which fail the achievement of the lawful rights and interests of farmers and make a bad effect to the countryside economic development.First of all, the author make definitions of transfer of the usufruct to the collective construction land and the relative concepts. Secondly, the author has a very good analysis of the status in quo and the necessity of transfer of the usufruct to the collective construction land. The thesis illustrates the restrictions of the laws and problems in the transference. Proceed from China's actual conditions, the author explore ways of reforming between the living space of police and achievements in experiment pilots. The key to transfer problems of the usufruct to the collective construction land is that the laws are not well equipped. In order to adapt to the transfer demand under the high speed market economy, and provide a solid and regulatory legal foundation for transfer of the usufruct to the collective construction land , great improvements should be made to the system of property right and the present law. Ultimatly,we can realize the purpose of safeguarding the Peasants'benefits.However, it's a huge land reform and a systematic project to innovate the reform of the system of transfer of the usufruct to the collective construction land. It's necessary to structure the system because it can protect the order,liberty,benefit and justice. We should realize there is many problems of transfer of the usufruct to the collective construction land,it can't be done in one day. In this thesis, the author has made systematic research on the transfer of the usufruct to the collective construction land so as to provide academic reference for the reform, and calls for the issuing of the law which refers to the circulation of the usufruct to the collective construction land.