China's Collective Land Usufructuary Right To Transfer The Legal System Research

The present legal system of land ownership consists of stated-owned land ownership and collective-owned land ownership. Collectively, the land usufruct is divided into stated-owned land usufruct and collective-owned land usufruct including Land Contractual Management Rights,Collective Land Construction usufruct and Rural Housing Land usufruct. Comparing the state-owned land usufruct , the collective land usufruct differs in the subject,object and the transaction significantly and the usufruct transfer is strictly restricted. As the result, the collective land cannot be utilized in an effective way and meanwhile the peasants gain little benefits from their land. In order to expand the utilization of collective land and create wealthy for the country society, great improvements must be made to the present collective land usufruct law.Under the conditions of insist on the collective ownership of the collective land, the author had made comprehensive research on both the present and preterit legal system, the domestic and oversea land law, analyzed the problems in the regulations and finally suggestions are proposed for develop the collective land usufruct system to regulate current farm land,construction land and rural housing land usufruct.