Research On The Collective Construction Land Rights System And Its Operating Mechanism

The investigation of the collective construction land rights system and its operating mechanism is an important part of our country's land system study, of which the building and operation of the right system is not only the material security for the residential construction of the collective economic members, but also the basic physical elements to develop the collective rural non-farm economy and the construction of public facilities and rural public welfare. Healthy and orderly operation of the collective construction land system has the same importance as the agricultural land for the production and life of the collective economic members, however, it can be seen from the existing research data of the land system, far less attention has been paid to the construction land rights system and its operation mechanism, and also the non-agricultural land of the collective land or collective construction land is easily ignored. Relatively less theoretical attention does not mean that the collective construction land legal system has fewer problems existing in practice. Through the survey of the collective land status, we find out that there are many issues existing in the construction and operation of the current collective construction land system, which has a serious impact on the life and development of the collective members.In the third plenary session of the seventeenth central committee of the Communist Party of China(CPC), "CPC Central Committee's decision on promoting collective reform and development related important issues" (hereinafter referred to as "Decision") is promulgated. It clearly indicates to further improve the system of collective land management, to protect farmers usufructuary right legally, and gradually establish the construction of a unified land market. For the legally acquired collective profitable constructive land, the land use rights must be transferred through a unified land market based on an open standard way, and it should share the equal rights with the state-owned land.Survey, documentary research, experience, summary method, quantitative analysis, interdisciplinary research, functional analysis, system analysis to be analyzed and discussed in two parts the main content of the collective construction land collective, collective construction land rights system and operation mechanism of collective construction land. Part of its rights system, based on the analysis of the status of the existing system of rights of the collective construction land based on the focus of the relevant rights jurisprudence classification, rights connotation and extension of rights between the various elements of the scientific matching of content to be detailed discourse; in their right to run to the scientific operation of the protection of the collective construction land rights, based on the detailed interpretation of the collective construction land rights, based on the detailed interpretation of its running mechanism to effectively protect the rights of the principal to achieve the right. This thesis conclusions are focused on breakthrough and innovation in their rights system and operation mechanism of the improvement, the original collective land system. The building and operation of the collective land rights system is the key point of reforming our country's collective land management system, the improvement of the collective construction land rights system's construction and operation mechanism is the breakthrough and innovation of the original collective land system. The establishment of the Collective construction land right system and operation mechanism theory enriches the connotation of usufructuary right theoretically , and it also improves the system of usufructuary right. In practicical it protects the legal rights of the collective economic organizations members. At the system level, it also provides a final guideline to solve the dominating problems such as the collective land use rights transfer and some other aspects. The building of the collective construction land system provides the legal support and protection to realize the major strategic objectives such as developing the collective economy, increasing farmers' income, and also building a socialist new countryside, etc. Based on that, this paper presents the legislative prospects of the "collective construction land management approach", in hope of providing the theoretical reference to our country's relevant legal system.