The Research On The Usufruct Circulation Of Collective Constructional Land

As the gradual deepening of China's socialist market economic system, the market economy system keeps successive development and improvement. The land, as an important part of productive factors. Meanwhile, as the continuous advance of China's urbanization and modernization, the demand for constructional land increased sharply, but it's impossible to occupy agricultural land, especially arable land to solve the urban construction land. As a result, it's urgent to put the collective construction land into market. However, as one of the most economic value and economic benefits of property rights, the circulation of collective constructional land usufruct has been restricted by laws, regulations, policies, which resulting the disorder and spontaneous circulation of collective construction land largely existenceFor the existence of problems of the circulation of collective constructional land usufruct. This tissue has deep analysis of the reality situation on the basis of clarify the basic concepts of the collective construction land, for the establishment of the circulation system of collective constructional land usufruct, provide a practical feasibility of ideas and programs clearance to the collective land right system. This article try to base the actual situation of China, combined with foreign advanced experience, from the aspect of the legal theory and relevant provisions of the "property law", searching the motivation, feasibility, and the necessity, innovative space of circulation of collective constructional land usufruct. To explore the establishment of the circulation system of collective constructional land usufruct, fill the gap of the current land legislature, with a view to provide some reference to the national legislation, and trying to advance a more systematic institutional design to the establishment and improvement of circulation system of collective constructional land usufruct.