Collective Construction Land Transfer Of The Right To Legal Issues Research

The total quantity of our countryside collective construction land has already surpassed 270,000,000 acres, which is quintupling compared with the cities state-owned construction land. Whether the collective construction land can be collocated effectively through the market not only relates to vital interest of peasants, but also relates to the stability and development of three agricultural questions.The essence of circulation use of the right of the collective construction land is a question which should balance the advantage and the disadvantage .It's a new attempt to elaborates the circulation use of collective construction land from the point of conflicts of interest and the balance .In the course of the circulation use of the collective construction land, the conflicts from different parties can't be avoid. After defining the basic question of the collective construction land, such as actuality, necessity and the feasibility, there should have a harmony assort between the conflicts. And have a construction for the circulation theory. This is a basic outline of my paper. To speak specifically, first of all, carries on a theory inspection to the theory of the equity interests, and define the value of this theory in the course of circulation. The reason why the circulation use of collective construction land use caused sorts of difficulties is the phenomenon conflicts of interest in the reality. Second, carries on the analysis to the present situation of circulation use of the collective construction land, and definite the problem exists in the present law frame and the social reality. Third, carries on the analysis of the necessity and the feasibility of the circulation use of the collective construction land. In this part, there has another new attempt to use "system changes theory" of new system economic. The use of the economics make the analysis of the necessity of circulation use of the collective construction land has more persuasion. Finally, carries on the analysis of practice, carries on analysis to the current several main practice patter and based on this analysis, have the construction to the balance parts. That is to establish a reasonable and lawful system of circulation use of collective construction land.