The Report On Circulation Of Usage Rights To The Collective Construction Land In Changsha

The circulation problem of usage rights to collective construction land is animportant issue of economic and social development in China. The Survey datademonstrated that Changsha collective construction land mainly by "the land ofresettlement for production and Life’’ and "non-the land of resettlement forproduction and Life". Along with the Changsha city’s unceasing expansion, the land’scommercial value is getting higher and higher，under the driven by the interests, Alarge amount of collective construction land lfoods into the market by invisible way,the chaotic of invisible market of collective construction land drain away a largeamount of land benefit. It not only has harmed the farmer collective benefit, but alsohas harassed the entire land market order. At the same time, The invisible circulationof collective construction land drain away a large amount of cultivated land’s benefit,The non-agriculturalization of land has not been effectively used. On theunderstanding of the collective construction land circulation in Changsha city overallsituation further, on the basis of summary collective construction land circulation way,subject, object, etc. Changsha collective construction land circulation cases, There areseveral main problems of collective construction land circulation:lack of legislationsafeguard; The property rights of Collective construction land are not clear; Thedistribution of circulation income is not reasonable, Lack of circulation supervisionmechanism; Lack of urban and rural construction land circulation of the unity of themarket; Collective construction land circulation registration system is not perfect.According to the problems, and proposes that we should clarify collectiveconstruction land circulation scope，conditions, the way, the deadline; Collectiveconstruction land circulation of the legislative proposals; Building alone，urban andrural construction and land use rights of uniifed circulation market; Reasonabledistribution of circulation income; Establish circulation supervision mechanism;Reform collective construction land property rights system; Perfect collectiveconstruction land registration system and countermeasures. In short, our constitutiondoes not explicitly prohibit the circulation of collective construction land.Circulation of collective construction land use right of state-owned construction landuse rights, are the real right of a realty Belong to usufructuary right. Should be equalto "property law" protection can be used to transfer.The same land should be implemented same price andhave same right. Collective construction land shall, according to the nature of theusage of the land, in accordance with the land use planning and use control under thepremise, standard, orderly enter the market circulation...