Improve Collective Construction Land Circulating Of Law System

At present,the reforming about exploiting-system of state-ownership land in cities and towns is developing continuously,meanwhile ,the market which is used to transforming the exploiting rights of state-ownership constructive land is growing up fully. But,on the contrary,the rural collective ownership land system is oppositely backward, and the reforming in the circulation system of collective construction land is tramping.Some governments try to reform it by formulating the law and regulations,but the collective ownership construction land is limited in the range of circulation,and can not fit for the specific situation now.How to perfect the circulation system of rural collective construction land is important to the farmer,agriculture, the rural stableness and prosperity, and also related with the continuously developing of national economy and society,therefore there is of vital important meaning to research how to solve the circulation normally of collective constructive land in law.WuHu,in AnHui province,is the first experimental city to practice the circulation of rural collective construction land and the successful experience in the city validates both necessity and feasibility of the circulation of the rights of exploiting rural collective land, which is producing a positive effluence on deepening the land exploitation system reform.Based on the field investigation and a great amount of documents,the thesis carries through a thorough research on the circulation of the rights of exploiting rural collective land.The thesis is composed of three parts.The first expounds the elementary situation through the rethinking in WuHu site ,and analyzes the problems appearing in the circulation of the rural collective construction land.At first,the general introduction is made on WuHu site and then it gives an exposition of related law and regulations in the national collective construction land circulation which is from national law and regulations to the related supervising rules in AnHui Province and other provinces. Next,illustrating WuHu site ,it links with rural practical condition and poses the rethinking by displaying the existed problems.The second is an enlightening of experience which expounds the exploitation system of state-ownership construction land and circulation experimental units of collective construction land in other provinces in China. Through the analysis on the status in quo of circulation of rights of collective construction,it points out that the circulation of rights of exploiting collective construction land is just on its regular pattern and feasibility .Then ,it announces the main problem existing in the practices of collective construction land circulation by analyzing the example of WuHu and other cities, and also points out the contradictions between present legal regulations and circulation practices. Last, it analyzes the reforming of the present land circulation system from both sides of feasibility and necessity, and draws a conclusion that the circulation of rights of exploiting collective construction land follows the rules of market economy development.The third explores how to perfect the collective construction circulation system.Summing up the experience of the other localities. It puts forward some legislation principle and proposition, meanwhile, it provides some advice for perfecting the law and regulations.Through researching the collective construction land circulation, the thesis tries to achieve the following goals.1.Provide the theoretical reference for the collective construction land exploitation system reform: whether the construction land gets into the market circulating or not,if affirmed,place the probable problems and solutions.2.Provide the policymaking advice for the related national department to formulate the law and regulations about it, and promote the legal system to be appeared publicly as soon as possible, in order to solve the present disorderliness situation of the circulation of the rights of exploiting rural collective land.