Rural Collective Construction Land Use Right Transfer The Legal Issues Discussed

Since the reform and opening up, great progress has been made in the utilizing system of state-owned land in cities and towns, but little has been made in the reformation of collective construction land circulation system in rural areas. The perfection of collective construction land circulation system is closely tied to the stability and prosperity of farmers' life, agriculture and the countryside, and is concerned with the sustainable development of national economy and the society. Hence, it is of great significance to research into and specify collective construction land circulation. This paper, which falls into four parts, probed into the circulation problem of collective construction land based on the analysis of relevant conceptions of collective construction land.The first part is a survey of the utilizing right circulation of collective construction land, in which the author respectively specifies the definitions, characterizations, categories, legal features and so on about some basic concepts like "collective construction land", "the utilizing right of collective construction land", "circulation of land", and etc. On this basis, the paper disclosed the connotation of "the utilizing right circulation of collective construction land" and then further summarized the circulation patterns of the utilizing right of collective construction land in China.The second part argues about the current situation of the utilizing right circulation of collective construction land. After a brief survey of the relevant stipulations about the circulation of collective construction land in Chinese laws, the author discussed the current situation of its autonomous circulation, which mainly covered the features, causes, significance, and the existing problems, thus demonstrated the necessity of allowing and standardizing the circulation of collective construction land. Some management modes were discussed thereafter, one is the so-called "keeping the right, but offering profits" mode with equal treatment between different programming areas, another one is the mode of treating differently within and outside a programming area, the third is so-called "transferring the right and offering profits", distinguishing between different programming area.Part three makes a comparative analysis of the methods used in some pilot cities in circulating collective construction land. The experiences of Wuhu City, Anhui Province and Guangdong Province shows that, even though there still exist many shortcomings and disagreements in treating collective construction land, these methods will undoubtedly lend reference to the nation for stipulating the relevant laws and regulations and make contributions to the advancement of relevant legislation.The last part of the paper discusses the construction of legal system for the utilizing right circulation of collective construction land, which mainly covers the following points: A) why and how should we strengthen the system construction of property right for collectively owned land, B) how to specify the circulation condition, manner and procedure for collective construction land utilizing right, C) how to establish a system of utilizing right and profit allocation for the circulation of collective construction land, and D) the construction of other supporting measures for the utilizing right circulation of collective construction land...