A Study On The Legal Issues In The Circulation Of The Right To Use Collective Construction Land In China

The land use rights of land ownership and set up a bridge between the market economy, the creation of negotiable construction land use right is the rational allocation of land resources, market requirements, subject to the dual system and land ownership structure, rural collective construction land use rights and did not complete the transformation of property law, and not as the same as the state-owned construction land use right through the market bidding process free flow, highlighting the property attribute of land resources, the realization of the right to use property values. Eighth session of the Third Plenary adopted the decision to allow the collective construction land use right of state-owned land to achieve the same with the market flow. In the construction of a new round of new urbanization, at the request of the principle of equality of property in the market allocation of land resources, the market circulation of rural collective construction land use rights, reflecting the construction land use rights as a usufructuary equality of property rights, but also reflects the value of the property itself has.Rural collective construction land use right transfer system can be constructed, the rational allocation of land resources to achieve optimal choice is to achieve our goal of new urbanization the only way, is also currently a necessary requirement to enter China’s market economy development period of depth. In the land and property attributes highlighting various stakeholders of the game background, various forms of land transfer pilot work around the rise, combined with the provisions of the existing law, based on the success of the pilot’s experience, to create and constantly improve its market circulation system. Overall, the current law for collective construction land transfer is still in a restricted state, the pilot areas under the leadership of central policies, constantly breakthrough innovation, in the " same place with the right " policy guidance, I will respect important legal issues that exist in their transfer process to analyze, provide as a viable legal advice.The author believes that rural collective construction land use right transfer orderly realization, requires special attention to the following four legal issues; First, the market structure of the collective construction of the transfer of the right to use the system, you need to have the presence of collective construction land use rights, and therefore clearly generate collective construction land use rights arising from its significance, feasibility and necessity of the transfer of its analysis really necessary given that this forms the basis of the content of the first part of the contents of the author discussed; second, to achieve collective construction land use rights the orderly transfer of the need to support the law requires the legitimacy of security, although the " Property Law" for construction land use rights are clearly defined, but only refers to the process of transfer of state-owned construction land use right, does not include the right to use the collective construction land, So clearly the collective construction land use right usufruct status is a prerequisite for its orderly transfer, which is the second part of this article; third, the law is not sufficient to only own collective construction land use right transfer needs of the owner, usufructuary matter the right people with the appropriate capacity, the collective construction land use rights through their own behavior to create for themselves negotiable; while countries also need to create a collective construction land use right transfer of the regulatory system, the establishment and improvement of collective construction land use right transfer the main system, not only affects the owner the right to use for the exercise of their rights, but also affect the realization of the body’s own interests, subject to the establishment and improvement of the system is the key to orderly collective construction land use right transfer, and in the article play a connecting role, is the third part of this article discussed; fourth, saying fiscal Phoenix man killed for food, the full development of the economy in the matter today, occupy a significant proportion of the wealth factor for the success of the construction land use in the evaluation criteria significant impact on the right to transfer, establish and improve mechanisms for the distribution of benefits of land revenue, reflecting the property attribute of land resources, this is the orderly transfer of usufruct final destination, constitute the last part of the author discussed Re-establishing usufruct status of rural collective construction land use right transfer, improve body circulation system and the pattern of distribution of the benefits of the implementation of the transfer of this study constitutes the most important legal issues. Regression usufruct status between the main system to improve the distribution of benefits of rational distribution of the three, interrelated mutual restraint constitutes an organic whole, is the legal basis for collective construction land use right to transfer, the transfer history as for outside and circulation patterns and related systems reform has been introduced by many scholars, this will not repeat them.