Research On The Legal System Of The Transfer Of The Use Rights Of Rural Collective Construction Land

China's current legal system is already incompatible with the demand of reality. It's quite urgent to conduct a systematic research on the legal system of the right to use rural collective construction land. It's also necessary to reform and establish a new system about the transfer of the land use rights.By conducting a systematic research and using the method of History Investigation, Literature Study, Comparative Study and Theory Linking Practice, the essay aims at clearly presenting the current dilemma which the transfer of the right to use RCCL(Remark:RCCL is the acronym of "rural collective construction land")in our country confront.Then we can realize both its reasonable points and deficiency so as to propose the theory and the basis of practice for further reform. Therefore, it contributes to the constructive proposal for later designing transfer system and the communication and coordination of the laws concerning land, property and so on. The article also perfects the legal system of the right to use RCCL.Except for the instruction and conclusion, the essay consists of 5 parts.Part one, it clarifies that the transfer of the right to use RCCL is the requirement of balancing urban and rural development, making full use of rural land, raising the level of famers'income and ensuring rural stability. When the land enters market, it takes the way that the ownership is remained while the benefit is shared. In legal system, our national constitution ensures to leave space for the transfer of the right to use the RCCL while some other laws like the Law of Land Management and Property Law basically restrict the marketization publicly of the right transfer. Moreover, the local governments also restrict the right in the form of various regulations. The practice indicates that the legal system ought to make more essential and innovative progress.Part two, it demonstrates the trend of induced institutional change in the reform of right transfer, which should be based on the fact that the dominant position of famers is approved by the land property theory and that the classification of property, responsibility and profit is clear. The right to use the RCCL should be as equal as to use the nationalized construction land, which is the demand of the equal theory in civil law. All the above is the theoretical foundation of the transfer. In practice, the national policy requires conducting the urban-rural integration management in the construction land, the local regulations make the transfer legal, and many subjects have also explored actively, all of which are the practice foundation of the transfer.Part there, it clarifies three different stages for the right transfer,namely the prohibition of it in both law and policy, the initial relaxation in policy and lifting bans in law and finally the further exploration by policy and local laws, proving that the attitude by policy and law towards the right transfer is evolving from prohibition to gradual relaxation.The success of the right transfer in the nationalized construction land and the thorough land management system in Britain, America and Japan provide reference for the reform of the transfer system in our country.Part four, it describes that collection, holding shares, joint operation and restructuring of enterprise are among the legal transfer forms while selling, transferring, leasing and unauthorized mortgage and buying shares are forbidden by laws. The various patterns of transfer, obvious local feature and complex relation of legal subjects make up the major features of current transfer situation. Essentially, it's the binary system of land management that results in the dilemma where the property is obscure, the legal concept is obsolete, the system is deficient, the management is out of order and the distribution is unreasonable. Therefore, some explorations like the mortgage financing pattern in Guangdong and Haimen of Jiangsu and the "land exchange" appear to break out the current legal system.Part five, based on the guidance of national policy, the brisk demand of construction land and successful experience of the practice abroad, it proves the feasibility of the urban and rural integration management. In the distribution of profit, it points out that famers, collective organizations, local governments and central government are profit subjects while the interests of famers should be protected. Finally, it refers to that the usufructuary nature of the RCCL use right should be clear. It suggests that the property be clear in a legal form, register be improved, the distribution system of profit subject be balanced, the procedure of the transfer be clear and social security system be strengthened. In addition, it designed a legal system framework combining the transfer of legal guidance and administrative laws assisted by local regulations.