On Rural Construction Land Right Transfer

The field of rural land transfer can be devided into three segments: farming land transfer, construction land transfer and no-used land transfer. Relatively speaking, the study of rural construction land right transfer is a new terrain. The study of rural construction land right transfer can be processed through two lays as economics and law.To the law lay, the study of rural construction land right transfer includes three parts as administrative law, economic law and civil and commercial law. This essay emphasizes the civil and commercial law research about the transfer of rural construction land rights.The rural construction land refers the collectivity owned land used for non-agricultural intention and includes house sites, land for rural enterprises, public facilities, land for public welfare undertakings.Rural construction land rights transfer refers legal bodies dispose the collective construction land through certain legitimate ways and then the rights owner changed. The rural construction land call for the complete regression of its ownerships attribute.The value of the land may be completely carried out only in the course of dynamic transfer and the rural construction land confirms the truth. Nowadays the national construction lands and the rural construction lands are treated discriminatoyily, this phenomenon is showed in the truth that the national construction lands transfer is legal and standard while the rural construction land transfer is prohibited by the law. As a result, the proper value of the rural construction lands can't be manifested entirely. The land levies being the only legitimate means of rural construction lands rights transfer have so many shortcoming, accordingly,other transfer means such as rural construction land rights transferring freely should be introduced. Empowering the transfer of the rural construction land rights shows the reality of the rural construction land as well as benefits the farmers'income increasing and protects the farmers welfare fully. At the same time, This policy is good for increasing the construction land supply and controlling the ever-increasing price of commercial houses. Of course, the molopoly benefits of the vested interest owners can be eliminated and the social justice is achieved. Finally, Allowing the free transfer of rural construction land rights is a must for unifying the development of city and rural and forming the socialism new rural. By the way, certain experimental cases was already existed in some area also confirms the must of the transfer of rural construction land rights.To realize the transfer of rural construction land rights, we should get rid of obstacles of law especially the civil and commercial law: modifying the corresponding items about The Law of Land Administration, The Rural Land Renting Law, The Law of Urban Real Estate Administration and The Reality Law; Allow the legal transfer of rural construction land by means of remise, demise, lease, mortagage and so on; Adopting the policy that the free transfer of rural construction land rights gives priority to the land levies; The increasing of city construction land matches the decreasing of the rural construction land under the condition of the processing of rural construction lands; conditional legitimation of the little property house.