A Study On Building Up A Legal System Of The Circulation Of The Collective Constructional Land

As the speed of urbanization is accelerated, collective land has been an important resource in the urbanization process. At present, the collective land in our country should be firstly expropriated before it enters market under the lure of interests, which results in lots of illegal use of the collective land by violating related law. From the obstructive need of market economy to production elements, the collective constructional land entering market for transaction cannot be avoided which has been a market trend. Therefore, how to improve reform on the system of collective constructional land's employment right is key task in the reform of collective land.This thesis is trying to set up a sound system about employment right's circulation of the collective constructional land by analyzing the mode of state land'circulation and practice experience in the experimental city of collective land's employment right. The article mainly consists of four parts, and the detail contents are as follows:Part one is the introduction of the some basic concepts related with the circulation of collective constructional land, such as"constructional land","collective land"and"collective constructional land", through which the author defines the concept of employment right of collective constructional land.Part two is the analysis on the current situation of employment right's circulation of the collective constructional land, in which the author points out the main problems.Part three is the analysis on the necessity and feasibility of the employment right's circulation of collective constructional land. Firstly, the author analyzes the necessity which is the requirements of the development of market economy and urbanization. Then the author puts forward his viewpoints on the feasibility from the aspects of Constitution, Land Management Law and Property Law. Additionally, the present situation and relative regulations and provisions in experimental regions are also analyzed in this part, through which a conclusion can be drew that the employment right of the collective constructional land in China can enters market for transaction for meeting the requirements both in law and practice experience.Part four is the analysis on how to build up a sound system of the employment right's circulation of the collective constructional land in China, which is the highlight of this thesis. Firstly, the author points out that the target and principle of the system should be set up, which will go throughout the system's building process. Then, the emphasis is put on the analysis of the scope, manner, requirements and procedure of employment right's first transaction of the collective constructional land, as well as how to form a good manner of selling or renting the employment right. Finally, on the base of setting up the first circulation system, the author gives some suggestion hoping to be beneficial to building up the secondary market for the circulation of collective constructional land, at the same time, the approaches of selling and renting collective land have been analyzed in detail.