On Feasibility And Institutional Establishment Of Collectively-owned Constructive Land's Transfer

Govemment monopolies on the use right market of constructive land in our country.Collectively-owned land must be transformed into state-owned land through the procedure of national land requisition before it enters the market.China is a large agricultural country,rural residents account for the overwhelming majority of the population and the arable land is rare.The paradox between city construction and the inadequacy of land resources is growing and the price of land is also soaring sharply. Therefore many people who want to use the land pay their attention to collectively-owned land.Nowadays in China,some cities and counties have been granted by the Ministry of Land and Resources and the Legislative Affairs Office of State Department to practice the transfer of use right of collective land.The practice taken by these areas has brought some valuable experiences to us,which we can learn a lot from them.Yet we should realize the problems that arise from the practice.The feasibility of collectively-owned lands' transfer is still a controversy in the circle of theory and the problem of how to establish the model of this system is a tough task.In the first part,this paper introduces the relevant concepts of collectively-owned land,and then it further introduces the concept of use right transfer of collectively-owned constructive land and the regulations of its circulation.In the second part,this paper studies the feasibility of the transfer of collectively-owned constructive land,which includes the ruling regulations in our country and the obstacles of collectively constructive land's circulation as well as its advantages.At the end of this part it comes to the conclusion that its advantages outweigh the disadvantages of collectively-owned constructive land's transfer.In the third part,this paper argues the creations in theory and the practice in the pilot areas of collectively-owned constructive land use right's transfer.Then this part analyzes the problems that emerge from the practice of the transfer of collectively-owned constructive land use right.These problems include the following:the paradox between transfer and the ruling regulations in our country,the absence of property owner and the chaos of property,the imperfection of management and the unreasonable allocation of profits.In the last part,this paper proposes the concrete establishment of collectively-owned constructive land use right's transfer from the perspective of coverage,model and procedure.