The Research On Transfering Problems Of Use Rights At Rural Construction Land

Based on the provisions of the Constitution and the property law, rural collective construction land use rights should be the same as the state-owned land use rights are treated equally. But the ban is still on the rural collective construction land house property legalization. View of the circulation around the problem and the pilot house property the importance of transfer modes, this paper focuses on the main flow from the solution of the problem of virtual paper analyzes the reasons for and against transfer pilot problem, make the first official (personal access to information based on the scope of the author's personal view) for rural collective construction land, and further analysis of co-operative model by the implementation of the model and the implementation of the necessity and feasibility should be attention.This article includes six aspects:The first chapter "Overview on rural collective construction land use rights ", from the analysis of existing legal provisions and argue doctrine perspective, discusses the use rights of rural collective construction land, rural collective construction land use rights transfer subject, object and scope of the concept of informal property rights.Chapter II "The current law prohibits the rural collective construction land use right transfer," and certainly were cited against the rural collective construction land use right transfer of the case, analysis of the effectiveness of transfer cases and the existing law prohibits transfer of rural collective construction land requirements and the reasons.Chapter III "should allow rural collective construction land use right transfer" of the rural collective construction land use right transfer of theoretical views and opinions held by this article, and from the rural collective construction land use right transfer of equal legal protection without the land transfer market, a lot of stealth exist despite repeated prohibitions, the dual system of unequal treatment of national land system would charge compensation phenomena and unreasonable manner unfair to the four aspects of circulation, demonstrated the rural collective construction land use right transfer need.Chapter IV "basis and experimental realization of the transfer of experience", put forward to achieve the transfer of three criteria: the premises to be separated from the main to be clear, the right to have relief; control of the standard, detailed analysis of the Guangdong Province, Wuhu, Shanghai, three flow pilot characteristics, significance and problems, and that the flow pattern is not truly flow.Chapter V, "the feasibility of cooperative model", proposed cooperative model to promote rural collective construction land's basic view of the cooperative model based on the theory and practice, demonstration of the cooperative model of rural collective land for construction of the advantages of the four results viability. Finally, the discussion of the "administration of the cooperative model should pay attention to several issues," focuses on a clear legal status of the system, the establishment of mechanisms for the distribution of benefits, the implementation of relevant management measures three aspects.