Rural Collective Construction Land Use Right Transfer System, The Study

The Chinese current transfer regime of land-use-right for collectiveconstruction has not automatic come into being in the course of establishing themarket-economy, but has been set up by the country as a special system for thecentralization of the social resources in the course of urbanization andindustrialization. With the establishment and improvement of themarket-economy which result in the transfer of the social resources from thecountry to the society, the defect of the current transfer regime of land-use-rightfor collective construction has hampered the development of the rural economyand has gradually been a restrictive factor for the economic reform in the future.That the Chinese land-property system is not sound, that the farmers' right hasnot been well protected and that the land-use-right for collective construction cannot be smoothly transferred in the market are the main reasons for this situation.For the purpose of developing the rural economy, improving the socialistmarket-economy and regulating the secret and illegal transfer of the land, it isimperative to reform the current transfer regime of land-use-right for collectiveconstruction, establish the efficient land-market for this transfer, abandon theurban-rural-segmentation dualistic land-use system and set up the unified transferregime of land-use-right in China.Although the transfer regime of land-use-right for collective construction isan important issue of law, it is also a issue involved in many areas such as politics,economy, society and ideology. Accordingly, in order to draw a reasonableconclusion, the research on this subject should not be confined to the field of law,but should expand into other related field.This thesis, the most remarkable trait of which is applying not only theresearch method of law, but also the methods of economic analysis and empiricalanalysis to reveal the essence of the transfer regime of land-use-right for collective construction and put forward some reasonable suggestion of how toimprove this regime.This thesis can be divided into six parts:PartⅠ: The definition of the transfer regime of land-use-right for collectiveconstruction. This part defines and distinguishes among some correlatedconcepts: The land for collective construction, the land-use-right for collectiveconstruction, the transfer of land-use-right for collective construction and thetransfer regime of land-use-right for collective construction.PartⅡ: The theoretic basis of the transfer regime of land-use-right forcollective construction. This part describes the theory of land property as thetheoretic foundation of the transfer regime of land-use-right for collectiveconstruction.PartⅢ: The analysis of the current transfer regime of land-use-right forcollective construction in China. First, this part introduces the status que of thetransfer of land-use-right for collective construction and the current situation ofthe transfer regime of land-use-right for collective construction in China. Inaddition, this part points out the deficiencies of the current transfer regime. Lastbut not least, this part analysis the reasons for the defects.PartⅣ: Analyzing the necessity and the feasibility of reforming the transferregime of land-use-right for collective construction. This part puts forward thespecific mode of reforming this transfer regime on the basis of elaborating thenecessity and the feasibility of the reform applying the theories of change ofinstitution and innovation of rules combined with the experience from thereforming practice in some parts of China.PartⅤ: The obstacles in the course of establishing the transfer regime ofland-use-right for collective construction. This part describes some of obstacles encountered in the course of reform, such as the defects of the systems ofproperty, land requisition, and rural social security.PartⅥ: The scheme for reforming the transfer regime of land-use-right forcollective construction. This part makes some specific suggestion of how toimprove the current transfer regime of land-use-right for collective construction.