Study On The Legislation Of Marketization Of Rural Collective Construction Land Use Right

With the development of urbanization, China’s demand for construction land is gradually increasing, so does the collective land. But due to the policy of cultivated land protection cannot be broken; the collective construction land has become the object of government and enterprises. The Land Administration Law confines the conversion of the collective construction land use right (in short "COCCLUR"), therefore, a large number of collective construction land transferred disorderly. In order to explore COCCLUR, the central government sets up a series of collective construction land conversion pilots and promulgates a series of local regulations, which obviously violate the "Land Management Law" and the "Urban Real Estate Management Law", leading the conflict between higher norms and lower norms and the contradictory chaos among local laws.At present, researches on the legislation of COCCLUR are so less, the scholars mainly focus on the pure system considerations, and ignored the study on the legislative level, no one even put forward to establish the unified legislation of collective construction land use right conversion. Considering China’s current demand of collective construction land, disordered situation collective construction land use right marketing conversion and our urgent need for narrowing the gap between urban and rural, we believe the conversion liberalization of collective construction land is only a matter of time. But the permission of conversion liberalization of collective construction land means building a brand new law system. This article has done a lot of research about the legislation of collective construction land use right from searching the local legislative experience and relative foreign legislation and build the "The Interim Regulations on Liberal Conversion of Collective Construction Land Use Rights" to design a comprehensive legal system, aiming to provide reference to building the official legislation system of COCCLUR.This paper is divided into five parts. The first part analyzes the foundation theory of collective construction land use right and its conversion, then discusses the necessity of conversion from the land property right view; the second part discusses the legislative history and current situation of rural land in china. Through analyzing the legislative process of Chinese rural land since the new China was founded, this part explores the rural land legislative rules, and focuses on the current legislation of COCCLUR, summarizes the characteristics and defects of legislation; the third part describes the domestic pilots’legislative situation of COCCLUR and concludes their successful legislation experiences; the fourth part takes the relevant land legislation of foreign countries for reference, mainly concentrated on legislation of the land market, legislation of safeguarding the rights and interests of peasants, government regulation legislation, etc; the fifth part uses methods of theory analysis, empirical analysis and comparative law research to raise suggestions of legislative principles, legislation of land rights affirming, legislation of regulating the land market, legislation of interests distribution and legislation of supervision, etc.