A Rearch On The Problems Of China’s Rural Collective Construction Land System

Establishment and improvement of rural collective construction land system have increasingly become the basic social problem and attracted a national attention. Solving the problems of collective construction land is the intrinsic request of the construction of new countryside. However, it is relatively lack of the academia research to this problem, and difficult to solve the problems existing in reality, and also unable to cater the demand value of rural collective construction land to the market-oriented operation of developing trend. While pilot job has been sorting, theory sphere and system support are extremely lacked. Therefore, it needs to be perfected and supplemented through the investigation and study. On the basis of survey and found, the defects of the collective construction land system mainly lay in the rights of access, the right of exercise and especially in the collective construction land transfer and mortgage.On issues of the rights of access, collective construction land ownership made the main problem in the phantom of subject. Obstacles in reality also lead that the rights subject who is clearly stipulated in Chinese legislation hardly to take the effective implementation of their rights, eventually leading to unclear property right. Therefore, it should be clear the collective construction land ownership is the farmer collective, which is concluded with a combination of existing rural productivity level, rural organization management level and corresponding disposal measures. For the rights of access system of collective construction land, it is not only restricted by law, but also by the financial system as well as the "two system" restriction, so it must improve the rights of access of state regulation system in the collective construction land use rights acquisition system.On issues of the right of exercise, the biggest problem of the exercised process is the restriction of power, and property quality of collective construction land ownership can not be reflected. For this purpose, it should be first of all to complete its power, and then should respect property rights of collective construction land ownership, adhere to the property law as the core to reform the system. It must be adhered to the "meet the specific group common interests" principle to definite the "public interest" in land requisition system, and take the examination and approval power to the County National People’s Congress Standing Committee to protect basic rights and property in the process of land expropriation. And the biggest problem in the process of exercise of the right of collective construction land is conflict between the right to use the spontaneously formed circulation and the law forbids its circulation provisions, causing a lot of law are hedging and weaken the government’s control function. Therefore, on the basis to perfect acquisition system and analyze the problems of exercise system, it should be made further research in transfer of collective construction land use rights and mortgage in the reality.In reality, under the influence of various factors, it has become fact of collective construction land use rights transfer, spontaneous contact market has been formed, and law has lag in reality. Therefore, on this basis, it must be made a unified national legislation system, constructed a scientific land property rights system, and perfected the relevant supporting system in order to adapt to the economic development of the realistic requirement. For collective construction land use rights mortgage problems, the existing legal environment goes against the construction of this system. It is a comprehensive reform of the legal system to improve the system and need reformation on taxation, banking, legislative and finance, and other departments.