An Analysis Of The System Of Acquisition Of Collective Construction Land Use Rights

Since the Chinese reform and opening, China's reform of urban state-owned land use system has made great achievements, but the reform of the collective construction land use system has always been strictly prohibited. The practical results show that not only did the prohibition against the acquisition and transferring of collective construction land use right hamper China's economic development seriously, but also it was going against the rational use of land and the protection of arable land. In addition, the prohibition presented the land management and laws enforcement with difficulties.So it is crucial to solve the problems of the system of acquisition of the land use right of peasant collective if we want to take measures to deepen China's reform of land-use system. And the key problem of the reform is the legitimation of the transferring of land use right of collective construction land.While in Property Rights Law,the regulations in relation to acquisition of collective construction land use rights are just described from the point of principle which couldnot provide substantial assistance for the solution to the problem.[1]Although some regional governments have already maden rules of the acquisition of collective construction land use rights, there exist a lot of contents which are contradictory to higher norms.It cannot be denied that as an new exploration of the system of acquisition of collective construction land use rights,these normative documents have important significance for building nationwide system of acquisition of collective constructi on land use rights.But due to the fact that these normative documents are less effective and only play a role in a small range of convenience,so they cannot solve problems from the root.Now the new situation is that the collective construction land use rights are transferred spontaneously all over the country. So in order to improve a radical reform of these systems, we must spare no effort to revise the laws, such as Property Rights Law and Land Administration Law.In view of the problems and needs that exist in the system of acquisition of collective construction land use rights, the thesis clears up the basic concepts relating to collective construction land use rights, takes the system of acquisition of collective construction land use rights at present apart and analyzes it. In addition, the thesis points out the problems existing in the system of acquisition of collective construction land use rights, the adverse effects the prohibition against the transferring brings about and the reasons for these problems.In view of the actual situation in China, on the institutional,conceptual and cocial levels, the author makes a further discussion about how to provide the system of acquisition of collective construction land use rights with legal protection. Besides, through using the relevant regional experience for reference, the thesis begins from analysing relevant provision in the laws such as Property Rights Law and tries to find a way to build and improve the system of acquisition of collective construction land use rights.Not only does the thesis provides an idea of feasibility for the establishment of the system of acquisition of collective construction land use rights, but also it works out a practical scheme about how to protect the legal rights. Filling the gaps in the current land legislation, the author tries to provide certain references for the establishment of relevant legislation. At the same time, the author also endeavors to offer a systematic design for the construction and improvement of the system of acquisition of collective construction land use rights.