Research On The Legal Dispute Of Rural Collective Construction Land Transaction

With the process of urbanization and industrialization is accelerating in our country, the demands for nation-building land is increasing. But with the increasingly stringent national macroeconomic regulation and control of land, the availability of nation-building land increasingly reduced. So, the rural collective construction land gradually became the new darling of the times, and the recessive market of rural collective construction land comes into being. However, according to the laws of China, the right of making use of rural collective construction land is not allowed to transfer in principle. In the case of the reality and legal system provides crash, this kind of spontaneous circulation is in a legal "gray" zone. It is very easy to breed a lot of legal disputes in this process, and it is extremely unfavorable for the stability of rural harmony. The purpose of this paper is to study the legal disputes, classify them, analyze the reason and then give the propose and feasible solutions.By Analyzing large number of cases collected from the grassroots courts, we divide the legal disputes of the rural collective construction land transaction into four categories. The first category is the legal disputes caused by unreasonable laws and regulations. The second category is the legal disputes caused by unclear ownership and chaotic relations of domination. The third category is the legal disputes caused by the inadequate income distribution mechanisms. The fourth category is the legal disputes caused by the imperfect transfer process, During the classification, we also specifically analyze the causes of each type of dispute. On this basis, we make specific, actionable solutions from the legislative level, the judicial level, the law enforcement level, and supporting measures.