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Collective Construction Land Use Right Transfer

Posted on:2013-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:H SuFull Text:PDF
GTID:2246330371489622Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of economy, China shows huge economic boom in recently years. It seems thateconomic boom only drive relational industries, but it has spawned new social contradictions in fact. Takethe real estate industry for instance, maybe real estate only cause the boom of plumbing materials, butmost of the plumbing materials market was built in the urban fringe or rural areas, it increases farmerincome indirectly. If we pay a attention about these, you will find that many plant often far away fromurban areas instead of urban. It’s a profound reason for this little phenomenon. Of our Constitutionprovided for in Article10, the city’s land is owned by the state, except by law, urban suburban and ruralland belong to collectives. No one can buy, sell or use other forms of illegal to change the proprietary rightsof land. For it, we see that the ownership of the land in our country only means national and collective, ifother organizations or individuals acquire land to build the plant, they just rental, and the rental right onlybe obtained by the state or rural collective. It is no easy to achieve the state land, people need to submitvariety materials, handle large of procedures, pay kinds of taxes and fees in this process, At the same time,people have to wait for the approval of the District Government, National Development and ReformCommission, Land and Resources Bureau. Although procedure is clear, we have to say it’s time-consumingand labor-intensive. Opposite state land, if you use the rural land to build plant, things turn to easy, you cannot only save too much time, but also tax. As arable land is not allowed in the collective land circulation,the transfer part of the collective land just means the collective construction land. For considering of thebenefits, more and more companies have chosen the collective construction land in investment. However, itdoes not explicitly allow us in our Constitution to use collective construction land, and "Land ManagementLaw" avoids this problem. One hand people derived by the real interests, meanwhile, it is being affected bythe constraints of the law. These make the collective construction land use rights in private circulationphenomenon increasingly serious,"invisible market" is rising.Why this phenomenon appears? It’s the question of "Constitution" and "Land Management Law".With the development of market, the requirement of land gets urgently. There are many limitations to theuse of state-owned land, a growing number of groups to shift attention to the collective land. The affection of collective construction land is obviously, not only to facilitate the people who need the land, but alsoincrease economic to farmers, it real promote the rural economic development. Because the circulation ofthe collective construction land use right fit the development of market, it has been accepted by us.However, without policy and legal support, the circulation of the collective construction land use right arenot legal from start to end. The circulation of the collective construction land use right is allowed or notrelated to the farmers’ collective revenue, rural development and the stability of the market economy. It isno exaggeration to say that collective land transfer will directly affect the development of rural.Due to its severe and particularity, many legal scholars on the collective construction land use righthave been done the depth study. Mr. Han Song in the key national issues,"the collective ownership of theload think that the collective construction land should be involved in view of the market circulation, andthat the collective construction land use right in the rationality its circulation should be under state control.Mr. Han Song is in the form of the collective construction land use right transfer of market-oriented system.Professor Li Yanrong has repeatedly published the article emphasizes the meaning of the collectiveconstruction land use right transfer problem, she thought that the flow of the collective construction landuse rights should not be done more broadly interpreted. Collective construction land use rights transfer tothe definition of the concept of China’s system of collective construction land use rights for future nationalmacro-control and management of the land market, have a very important role. Royal Code of teachersfrom rural collective construction land use rights transfer of legal barriers to starting and actively look forthe legislative changes, innovative and forward-looking. The Loping teachers in the humanities and socialsciences project results in the Universities in Jiangxi Province, reviewed the pilot course of a few typicalcollective construction land, and to resolve the legal issues of collective construction land managementrather than blocking. Professor Yang Zijiao when it comes to the collective construction land use righttransfer, that the collective construction land use rights transfer of status and existing problems, andproposed its own system to build, and so on. The views of these jurists represent the moment most peoplefor the collective construction land use right transfer of psychology.From the collective construction land use right transfer of concepts and related regulations, leads tothe feasibility of collective construction land in the theory and time and, combined with the currentcollective construction land use right transfer problems, to talk about on improving the circulation system countermeasures as soon as possible to construct a reasonable transfer system, the development of relevantlaws and regulations for the state authorities to provide advice, to stabilize the market economy, promoterural development.
Keywords/Search Tags:collective construction land use rights transfer, the collective interest, social security, solutions
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