Reconstructing The System Of Circulation Use Of The Right Of Collective Construction Land

Circulating use of the right of collective construction land was strictly limited by China's current legislation. But the law and the social reality are not the same, in reality, there is still a huge market of circulation use of the right of collective construction land influenced by the comparative advantage which is taking in private and invisibly. The private and invisible circulation use of the collective construction has been seriously undermined Chinese land market order, and cause major damage to the state, collective and individual citizens. The market of rural collective construction land'cultivation and development has become very important as a indispensable part of the whole urban and rural land market. To reconstruct the system of circulation use of the right of collective construction land and reasonably relax the Circulating use of the right of collective construction land is very important.Besides the introduction and conclusion, the paper is divided into five parts:The first part is the introduction of the system of circulation use of the right of collective construction land. This section is mainly for delimiting the concept of rural collective construction land use rights and it's circulation, specifying the object of this paper, limiting the scope of the study paper, and analyzing the relevant legal provisions of the system of use of the right of collective construction land.Second are the systemic problems and the significance of reconstruction. On the one hand, the current system has brought many problems,such as the out-of-order land market, an unachievable goal of the value of the land, damage of the land rights of farmers. On the other hand, relaxing it's circulation has great significance, including increasing farmers income, rational use of land, the rural modernization and so on.The third, fourth, fifth part is the main part of the article. Among them, the third and fourth part discussed the theory of relaxation in the circulation, proposed the conditions of relaxing right of using the land under the rural housing and Construction land use right of collective enterprises, reconstruct its primary market and secondary market separately.The fifth is the thinking of establishing collective commercial constructive land use rights. This part analysed the significance of establishing collective commercial constructive land use rights, discussed the reason of establishing collective commercial constructive land use rights, put forward concrete ideas of establishing collective commercial constructive land use rights.