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

With the social and economic development, the phenomenon of spontaneous formation of collective construction land transfer is widespread throughout the country. The practical development urgently needs to solve the problems of whether the rural collective construction land can transfer and how to transfer. However, due to the lack of a national legal system, the transfer of collective land is constrained by the original land use system and to some extent restricts the economic development. Therefore, the reform of collective land transfer system has become a widespread problem. In this context, this paper studies on the collective construction land transfer issues based on rent theory, land supply and demand theory, land property rights theory and new institutional economics theory of institutional change.First, the concept and scope of the subject in this study are defined, and the involved theory of rent theory, land supply and demand theory, property rights theory and new institutional economics theory of institutional change are described. On this basis, the relevant laws and regulations of collective construction land transfer and the preliminary process of transfer are analyzed. And then inevitability of collective construction land transfer and economic rationality are further elaborated. The positive role of collective construction land transfer to social economic development is further discussed from the perspective of solving the problem of urban-rural dual economic structure and soil conservation intensive use. And then that the inevitable result of economic development is collective construction land transfer is proved. The transfer is helpful to solve the imbalance between land supply and demand, promote land economic benefit and rural economic development.In the second part, through the analysis and summary of collective construction land transfer pilot in Jiangsu, Anhui, Guangdong, Shanghai and other provinces, this paper classifies the collective construction land transfer from the perspective of institutional change. Meanwhile, the successful experience of each pilot and the enlightenment to perfect collective construction land transfer system are summed up. The existing problems of collective construction land transfer are generalized and the problems occurring in induced institutional change and compulsory system change are analyzed. And this paper further reveals the causes which mainly lie in insufficient supply system and imperfect system and the two systems can not combine with each other organically. These problems also bring some enlightenment that the importance of the balance of system supply and demand should be fully understood, meanwhile, the advantages of induced institutional change and compulsory institutional change should be used reasonably and the two methods should be combined organically with each other.In the last part, this paper gives a summary of the former contents and points out that collective construction land transfer is the objective requirement of resources market by the social and economic development, an inevitable trend of development of collective construction land use system, and an inevitable result of pursuing maximum economic interests by the collective construction land owners and users.The problems in collective construction land transfer are mainly due to system failure and legal shortage, and the root is in the inner weaknesses of rural collective land ownership system and collective construction land use system, so collective construction land use system needs further study.