Research On Legal Institutions Of Collective Construction Land Transfer In China

With the further deepening of economic reform and urban development, thedemand for land is more exuberant, state-owned construction land prices risingyear by year, large-scale trading of construction land makes the supply of land forthe state-owned construction land market gradually shortfalls, the contradictionbetween supply and demand is growing. Collective construction land which isbelong to our farmers’ collective, is widely distributed in China’s vast rural andurban fringe, the transfer of collective construction land have been frequent sincethe1990s, but national laws strictly limit the transfer of collective constructionland. So although the scale has expanded each year, but has been in stealthtransactions, this phenomenon is extremely unfavorable for the protection of arableland, the management of land transactions order and it is bad to protect theinterests of the rural collective and individual farmers.We review the current domestic and international research on constructionland theory, Collate and analyze the research results of the collective constructionland in and abroad, especially domestic collective construction land is quite rich,pointing out that the basic theory of this study. The definition of land the transferfor construction, the collective construction land which is including land for ruralenterprises, rural homestead and rural public facilities and land, to determine thescope of this study, build a clear concept of collective construction land. Sort outchanges of the collective construction land system, straighten out the historicalbackground and the current situation of the collective construction land transfer,pointed out that the characteristics of the present stage of its circulation andtransfer of pilot areas. Analysis of collective construction land transfer problemsand derive the reason for these problems are: the laws and regulations in China arenot unified, the subject of the right of ownership is not clear, ownership is notperfect.In this paper, we suggest establish the basic principles of the legal system ofcollective construction land, such as the principle of transfer according to the lawand the principle of voluntary transfer. We build a procedure of transfer, especiallythe initial procedure. And from a legal point of view we point out some suggestions: confirm the subject of transfer, resolve a conflict of legislation, innovativedistribution system and other aspects of the construction of the system. Finally, toimprove the collective construction land system of supporting recommendations.Including land planning, land registration, land price monitoring and so on.