The Research Of Collective Construction Land Use Right Circulation

After30years of reform and opening up, China’s rapid economic development,. urbanization is moving forward steadily. With the conduct of urbanization, the demand for construction land suddenly increased, most of the existing urban construction land has been unable to meet the requirements of urbanization, so urgently needed amount of rural collective construction land is added to the process of urbanization. But according to the existing laws and regulations, collective land must first be levied for the state-owned land can be used for the construction of the city. This brings the two issues, on the one hand, the impact of urbanization, the precious land resources are wasted hindered the advance of urbanization had a negative impact on economic development; On the other hand, although the first law prohibits collective construction land use right transfer. However, due to the huge market has generally needs to attract construction land use rights recessive circulation, due to the lack of legal regulation, has brought a lot of hidden dangers. China should establish a collective construction land use right transfer system, allowing the farmers’ collective under the norms of the law of the land use rights of a free flow of market-oriented, so as to resolve the land supply urbanization, And give farmers the benefit of improving their living standards, in order to realize the equal protection of the land ownership.This paper first introduces the concept of construction land use rights, people have a general understanding of the construction land use right transfer, and then analyzed by the provisions of existing laws and regulations on the transfer of collective construction land use rights, the first law explicitly prohibits attitude behind the reason. Then expounded the necessity of building construction land use rights transfer system, to explore the feasibility of, and explore some practice to be introduced and summarized, and at the same time to learn from the advanced experience of foreign countries, come to the construction land use rights in China should establish circulation of the system.Finally, some suggestions for building a rural collective construction land use rig hts transfer system, and want to be able to play a positive r role.