Explication On Improving Legal System Of Transference Of Use Rights At Rural Collective Construction Land

In our country, transference of use rights at rural collective construction land is notallowed in existing laws. The rural collective construction land can be transferred onlyafter land confiscated as state-owned construction land, which causes the reduction of theuse value of the land, the life of the peasants who lost their lands getting harder and thesocial contradictions intensifying. Although the existing laws forbid the transference of userights at rural collective construction land, the invisible market of the transference of userights at rural collective construction land exists widely. It not only disturbs the order of theland market, but also leads to the great loss of arable land and the severely harm to thepeasants’ interests. Some academics in the theories field deny the rationality of thetransference of use rights at rural collective construction land. Their points are not worthadopting even if they make sense, because there are some obvious loopholes in them. Ourlaws, regulations and related policies have left sufficient space for the transference of userights at rural collective construction land. It has a good chance of working, on account ofthe great significance on protecting arable land, raising the land use rate, benefitting thepeasants and promoting the process of urbanization. The pilot project of the transference ofuse rights at rural collective construction land is gathering momentum all over the country.Lots of regulations about the transference of use rights at rural collective construction landhave been introduced. The provinces have gained valuable experience by providing theconditions, form, price, deadline of the transference, and setting up the democratic votingprocedures as well as the distribution system. Surely, we found that the regulations aboutthe transference of use rights at rural collective construction land had many problemswithout the support of law. To solve these problems, this article offers some legal advice on the transference of use rights at rural collective construction land as followed: Improve theexisting legislation; Expand circulation purpose to the commodity apartment development;Cancel the government examination and approval power, and the right of preemption tooptimize the circulation program; Scientifically assign the circulation gains; Clearly definethe public interests range when expropriating the collective construction land to limit theland expropriation.