Farmers Collective Construction Land Transfer Property System

Collective land property right system, especially rural collective construction land property right system, is not only a complicated theoretical issue, but one of the practical issues and contradictions triggered are very sharp, which draws much attention from economists, administrators, and decision-makers. With the speedup of the steps of various reforms in China, and the mushrooming of new economic forms and modes, rural collective construction land property right intrinsic system cannot suit for development request of new situation, the study of rural collective construction land property right system innovation becomes necessary.The dissertation takes rural collective construction land property right system study item of Shaan xi province through as background, it adopts the methods of combination of microanalysis and macro-analysis, quantitative and qualitative analysis, historical and logical analysis, and regular and affirmative analysis to analyze presently China rural collective construction land property right system innovation.The dissertation firstly analyzes the basic theory of land property right, secondly, the dissertation analyzes and evaluates various rural collective construction land property right system innovation modes. The dissertation has the following innovative points: China rural collective construction land circulation property right system should insist to basic principle of validity, least trade expense and time efficiency, enact the interests of collective construction land property right system according to currently property right theory, confirm principal part, representation, right, obligation of collective land ownership right, give town peasantry collective, village peasantry collective, village peasantry group egalitarian civil principal- part right, brake single circulation of collective land ownership right, rural collective construction land ownership right and state-owned construction land ownership right can transferring bilaterally, allow collective construction land to transfer in various principal part of collective land ownership right. Separate land use right from collective land ownership right, realize repayable and terminable transferring of collective construction land use right. Profitable collective construction land use right can be obtained by remising, renting, sharing, cooperating methods, unprofitable collective construction land, for example, public project and infrastructure land can be obtained by unpaying transferring method. According to the longest time limit of state-owned construction land, offer transferring time limit of collective construction land use right.Encourage private company and oversea invest company to use rural collective construction land. Under the condition of matching the programming and contract rule, after the user of land pay the sufficient fee for using land on time, rural collective construction land use right can be subleased and transferred. Enact mortgage right on the basis of collective construction land use right transferring, permit collective construction land use right to mortgage and effectively utilize the financing function of rural collective construction land.