The Impossibility Theory Of "Same Land,Same Right,Same Price" Between The Collective Construction Land And The State-owned Construction Land And Its Policy Implications

From the early21st century, China’s collective construction land circulation steps from the strictly prohibited stage into the standardization stage gradually, which makes it necessary to establish the usufruct system of collective construction land. Meanwhile, some experts and scholars promote "same land, same right, same price" between collective construction land and state-owned construction land. So, is it reasonable and realistic? In this case, the analysis and research of the issue looks very urgent and has both important practical significance and rich theoretical significance.Based on the above background and purpose and on condition of socialist public ownership of land and the hypothesis that both collective and state-owned construction land can be circulated in free market, utilizing methods of literature review, comparative analysis, case study, and qualitative and quantitative analysis, this thesis trys to answer the following questions:Should the collective construction land and the state-owned construction land have the same use right? Should the price of use right between the collective construction land and the state-owned construction land be the same during the circulation? Which form of usufructuary right system may be established on the collective construction land?After probing into the causes and nature of the problems’ formation and creatively dissertating the questions combining with various aspects of knowledge systems, such as the formation of the land system, theory of property law, price formation mechanism and so on, this thesis draws out the following conclusions:on the condition of the land system and hypothesis, on the one hand, the collective construction land and the state-owned construction land can’t have the same use right and the price of use right between the collective construction land and the state-owned construction land can’t be the same during the circulation; on the other hand, it is needful to try to establish a usufructuary right system in line with the nature of the collective construction land.