| It's well-known that our country has taken a restrictive attitude on the circulation of the right to use the collective-owned construction land. According to the the land legislation, the circulation of collective-owned construction land only could be found in the following situations,the one is when the rural collective economic organization uses the land to start up enterprises or joint ventures together with other units or individuals, and the other situation is the bankruptcy , acquisition and the mortgage of the enterprises. Practice has shown that the restrictive stipulation couldn't catch up with the development of society.At the beginning of the 1990's, a series of policies about the circulation of the right to use the collective-owned construction land have been come out and they have played an important role. But, the policies would be on an embarrassing position when facing with the land legislation. So, the best way to settle this problem is to give it a legal status.By analysing the existing law, it's possible to write the system of circulation of collective-owned construction land into law. Firstly, Constitution has provided an supreme legislative authority for it, the Constitution has not put an restrictive attitude toward the circulation of collective-owned construction land, and it has provided an premise for the circulation which would be seen from the clause "can take over the land",and as everyone knows the Constitution protects public property which the right to use the collective-owned construction land belongs to. Secondly, Real Right Law should protects the circulation system, the public-owned and specificity of the collective-owned construction land need the protection from the Real Right Law, and on the other hand, the Real Right Law may need this satisfaction, because the right to use the collective-owned construction land has the characters of the Real right for usufruct, and the Real Right Law should complys with the equalprotection rule. . |
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