Rural Collective Construction Land Use Right Transfer Analysis

The land is the natural resources that the humanity depend on to survive and to continue. China carries out socialistic public-owned land policy, which consists of the ownership system by the whole people and the collective ownership system by farmers. As the legal representative form of land ownership, two types of relevant land ownership were established, which are national land ownership and collective land ownership. National government adopts city-village dualistic ownership to the national land and farmers' collective land, carries out paid-moving use system for the use of state-owned land, while limiting moving the use of the land for collective construction in village. Under the situation of social market economy, as the improvement of the industrialization and urbanization, the value of the village land constantly takes on and recessive Trading markets of the land for collective construction in village exist throughout the country. Disadvantages in city-village dualistic management system and privately moving the land for collective construction in village seriously harm farmers' rights and interests for the land and cause hidden troubles to the social harmony and stability in village. How to reform land system in village and how to safeguard rights and interests for the better has already turned into a realistic problem that we have to face. In order to safeguard farmers' rights and interests, practices for moving the use of the land for collective construction in village have already been carried out one after another by the local governments in Zhejiang Province, Anhui Province and Guangdong Province. Furthermore, rules and regulations on the moving use of the land for collective construction have been made, through which we gain plenty of successful experience. However, only by the local governments, the city-village dualistic ownership system for the land is unable to be broken, moving the use of the land for collective construction is unable to be regulated thoroughly and the rights of owners and the users of the collective construction land in village are unable to be fully protected.At present, moving the use of collective construction land in our country stays at the exploring stage, the key point to regulate the moving and to safeguard farmers' rights and interests is to seek the breakthrough from laws and to solve the problem of "same land, same price, same right" between the use of the collective construction land in village and the state-owned land in city thoroughly. Therefore, we need to explore the academic foundation for moving the use of the collective construction land in village theoretically, conclude and analyze the successful practical experience from solid evidences, establish foundation for improving the paid-moving use system for the use of the collective construction land in village. This thesis analyzes all relevant problems about moving the use of the collective construction land in village mainly through historic analysis, evidence comparative analysis and regulation analysis; focus on safeguarding farmers' rights and interests of land; raise solutions for regulating moving the use of the collective of the collective construction land in village. This thesis consists of four chapters. In the first chapter, we start from safeguarding rights and interests of farmers' land, analyze the history of the Chinese ownership system in village and the present situation of the collective land ownership, consider that the present institutional root to harm farmers' rights and interests of land is the shortcoming of collective land ownership system and the land collection system. For safeguarding farmers' rights and interests of land and improving shortcomings of land system in village, we analyze comparatively on academic reformation propositions about land system in village; consider that carrying out the reform of land nationalization in village or the reform of private ownership is not suitable for Chinese present situation; the reform of laws for Chinese land system in village is only through sticking to and improving the collective land ownership, reforming the collective land use system, especially the use system to reform the collective construction land. In the second chapter, we analyze the present situation, reasons and impact for moving the collective construction land use system in village; consider that regulating moving the use of collective construction land in village is necessary; analyze present laws and regulation's limitation on moving the collective construction land use in village; believe the key for regulating moving the collective construction land use in village is to break the city-village dualistic management system, to make sure the collective construction use in village is "same land, same price, same right" with nation-owned land in city. In the third chapter, through academic analysis of moving the use of collective construction land in village, we consider that moving the use of collective construction land in village fits the ownership separation theory in the Civil Law, equally protecting ownership theory, ownership regulated by laws theory and the land rent theory, all of which are sufficient theoretical foundation; we comparatively analyze practical experience of moving the use of collective construction land in village in local governments such as , Zhejiang Province, Anhui Province, Guangdong Province and so on, consider that Guangdong Province's practical experience for moving the use of collective construction land in village is comparatively more mature and can be promoted throughout the whole country as experience which will be accept in lawmaking to improve moving the use of collective construction land in village in the future; by analyzing the value of moving the use of collective construction in village, we consider that moving the use of collective construction land in village is pretty meaningful, which can make the collective construction land in village the "same land, same price, same right" with nation-owned land, can effectively safeguard farmers' rights and interests of land, can effectively make use of the collective construction land, can effectively manage moving the collective construction land. In the fourth chapter, we bring forward lawmaking suggestions for improving the moving system of the use of collective construction in village. We consider that moving the use of collective construction land must stick to and carry out four basis principles, which are restricting the use of the land principle, economizing intensive land principle, "same land, same price, same right" principle and "equal, voluntary, paid " principle; we recommend that relevant regulations in "Land Management Laws" should be amended, land collection system should be reformed, paid moving system in use of the collective construction land in village should be improved, reasonable system for distributing the moving profit should be established, social security system in village should be improved.