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

As Industrialization and urbanization process in China, the need of construction land is increasing. The agriculture land expropriation, which is the principle source of obtaining construction land, cannot meet the market demand, on the contrary, the agriculture land expropriation has certain defects and cause a serious of social and economic issues.As the current laws forbid the directly transaction of rural collective construction land, the government monopolize primary market of construction land. Consequently, the land prices keep going up. As a result, the transactions of rural collective construction land form a grey market and are getting flourishing.But the imperfection of central legislative and the disunity of local legislative make the market an autogenetic and disordered one. Such situation cast negative effect on the land market order in China, and cause loss to the country, collective and individual.The article purposes to analyze the current situation of rural collective construction land transaction in China, and find out the defects and corresponding solutions. This article has 4 parts.Part one:"the theoretical foundation of rural collective construction land transaction system", this part, as the basis of the article, analyzes the relative concepts of construction land, and clarify the connotation of collective construction land transaction system and the relative legal system.Part two:"The analysis of current situation of rural collective construction land transaction", this part exams the current situation of rural collective construction land transaction from the legal aspect and objective aspect, and summarizes the local experience. These can be deemed as the historical basis and actual basis for further study on rural collective construction land transaction and its reformation.Part three:"the defects of rural collective construction land transaction legal system", this part points out that the imperfect legal system is the main factor that impede the development of rural collective construction land transaction, and analyses the defects such as power abuse and lacking of protection. Part four:"approaches that can optimize rural collective construction land transaction legal system", this part proposes some suggestions that can help us to optimize the rural collective construction land transaction legal system. These suggestions are both detailed and probable.