Study On The Transference Of Right To The Use Of The Collective Construction Land

In our country, the construction land has being on the move without governmental permission, which embody the land market in the country has been established The vagueness of the relative national laws, regulations and policy, together with the deficiency of the theoretical researches on this problem in academic groups have caused a lot of problems, such as the disorder in construction land-use, the unsafe in the transference of land-use right and so on. How to regulate construction land is the urgent problem that needs to be solved in the theory and practice of land administration.In chapter two, the possibility and feasibility of the transference of the collective construction land is stated which is based on the theory of Neo-Institution School of Economics. After a careful analysis it is considered that the transference of the collective construction land market would promote the market system's using in the resources allocation and improve the land-use benefits. Totally speaking, the benefits will be far more than its limited management costs in the process of the institution change, so the institution change is possible and feasible.The current situation of the transference of right to the use of collective construction land is summarized in chapter three, including many sides of the transference, such as its main patterns, forms, passes, causes, characteristics and significance. It is proposed that the formation of the collective construction land market is the natural consequence in a market price mechanism-affected resources allocation system. At the same time, the positive roles of the transference is stated in this part.In chapter four, some ideas about how to regulate the transference of the collective construction land are put forward from many sides such as the qualification and range, the forms, the time limit, the benefits allocation, the management process of thetransference, and the price of the land in the transference. Based on the above analysis, it is advised that the collective construction land could be built in the way "two rights, identical market, unit management" , so as to make it link up with our state land market.In the last part, some policies related to the transference of the collective construction land are brought forward from many sides.