Comparison Study On The Transfer Model Of The Right To Use Collective Construction Land

As an important part of rural collective land, collective constructive land plays a vital role for the national economic development. The Third Plenary Session of the 17th, "Decision on Major Issues Concerning the Advancement of Rural Reform and Development by the CPC Central Committee" stipulates for the first time to gradually establish consolidated urban and rural construction land market and to let the rural collective construction land marketization transfer. Now two years have passed, there are still no substantive supporting measures. Though many pioneer cities and provinces such as Zhejiang, Chongqing, etc have already made some local circulation rules, the ways to turn the rules into patterns vary tremendously. The problems of which model is more effective, of how to construct a legal, reasonable as well as universal circulation rule are most pressed for solution.In relation to the academic researches on the circulation of collective constructive land, many scholars have made outstanding achievements. However, out of them, there are a small number of researches on the transfer model. Thus, the conclusions drawn are less reasonable and universal. For this reason, it is essential to do a comparative research on the transfer model.The structure of this paper is as followed:for the first chapter of introduction, a brief introduction of the base and significance of this paper will be made, followed by a summary of both domestic and international current research. By comparing their advantages and disadvantages, the research methods, innovative and weaknesses of this article will be introduced. The second chapter will focus on various transfer models, and lay the foundation for the next chapter by means of a detailed analysis of specific cases. The third and forth chapter will be the most difficult one which is the basis for establishing the transfer model. In the third part the similarities of the three models will be summarize through four perspectives: driving factors, hindering factors, risk factors, as well as the achievements. The differences of the three models, including the dominant factors, the establishment of land market, degree of difficulty, land income distribution and the prospect will be analyzed in part four. The fifth chapter will be the most important one. The author thinks that how to choose a circulative transfer model of the right to use collective construction land will be decided by the following factors: to deal well with relationships among our nation, the groups and individuals. The work focused on three aspects:to better transform governmental functions, to clearly define the enjoy body of the right, to lay emphasis on protection of individual interests of farmers under the principle of fair and voluntary. Combined with the analysis in the former chapter, the author will propose to establish and improve the transfer model:a more rational and efficient model based on the protection of rural collective land rights of farmers. And in supporting measures, she will put forward her own ideas combined with discussion of relevant scholars. The sixth chapter will make a summary of the whole dissertation.