Research On Legal System About Usufructuary Rights Circulation Of Collective Land In China

Usufructuary rights of collective land refers that members of the collective economic organization or other civil subjects have the right of possession, use, profit and so on about collectively-owned land by peasants, including land contracting management rights, collective construction land use rights and homestead land use rights. To make rights dynamic is the most effective way to realize its value. Usufructuary rights of collective land is an important land property rights for a peasant or a peasants’ collective, circulation of which can not only make a benefit to the full realization of its value, but also improve utilization efficiency of land resources and optimize its allocation. Collective land is the basic material of production and living for peasants, and at the same time responsible for the rural social security. However, it has far less freedom than state-owned land on rights circulation due to many restrictions. From the perspective of maintaining the stability of rural society, some restrictions are necessary, but redundant ones will become the burden of land rights, impeding its circulation and hampering further development of the rural economy. In this paper, usufructuary rights circulation of collective land is taken as the research object, on which legal system is discussed in five parts respectively besides introduction.The first part starts from the related concept of usufructuary rights of collective land, get it classified, review its circulation historical changes and sort current laws and regulations about circulation.In the second part, on the basis of practice about land rights circulation in the United States, Britain, France and Japan, the paper draws lessons from their success experience for our country, namely, clear land property rights is the key, land scale management is the inner motive power, intermediary organization is the bridge.In the third part, a discussion is made on the first kind of usufructuary rights of collective land—legal rules for the circulation of land contracting management rights. Based on its general situation, there is an analysis about the several current modes. Although circulation of land contracting management rights has got legal recognition and encouraged by the country on purpose of strengthening land use and realizing scale management, some problems exist. Therefore, some countermeasure is put forward, expecting to make a contribution to it.In the fourth part, a discussion is made on the second kind of usufructuary rights of collective land—legal rules for the circulation of collective construction land use rights. At present, it cannot circulate in the market because of legal restrictions. With economic development and urbanization process, contradictions between supply and demand of state-owned construction land, together with the urge of economic interest, makes collective construction land use rights circulate in a large number invisibly and illegally.In this paper, through analysis on practice in Guangdong, Wuhu in Anhui, Suzhou in Jiangsu, ideas come that restriction should be relaxed appropriately in rural area, at the same time, circulation interests well distributed, land use control and land circulation supervision enhanced.In the fifth part, a discussion is made on the third kind of usufructuary rights of collective land—legal rules for the circulation of homestead land use rights.This part reckons theoretical dispute of circulation as a pointcut, then make an in-depth analysis on its causes.Based on analysis about the three typical patterns in practice--"homestead entering the market" in Guangdong,"homestead in exchange of housing" in Huaming town of Tianjin and "common construction with housing" in Chengdu, conclusion will be drawn that the circulation of homestead land use rights can improve its utilization and increase peasants’ financing channels, which can be allowed conditional circulation consequently, with relevant supporting measures improved.The general trend for land reform will be opening market for circulation of usufructuary rights of collective land, with circulation of rights recognized and protected by law, relevant legal system more completed.In this paper, countermeasures about the circulation system of land contracting management rights, conceptions of the collective construction land use rights and proposals to improve the homestead land use rights, all are expected to contribute to circulation system of collective land usufructuary rights in our country, promoting the reform of collective land system.