Research On The Collective Construction Land Use Rights Transfer System

With the start of the fourth revision of the Land Management Law, a new"land reform" in china has been imminent. The discussions about confirmingthe collective construction land use rights, the legitimacy of the agriculturalland transfer homestead, and carrying out the same price method betweenurban and rural areas are also gradually warming up. The economic basedetermines the superstructure. These years, with the rapid growth of economic,the rapid advance of urbanization process and the rapid overall developmentof urban and rural work, the state-owned construction land in china has beenincreasingly in short supply. The calls for breaking the urban-rural dual landstructure and promoting collective construction land market circulation aregetting higher and higher. In this regard, Legislature always has quite cautiousattitude, because they must balance the interests of all parties, access manydata and evaluate correlative effect. So the legislation of collective constructionland transfer seriously lags behind reality demand. The real life is hard to beregulated. For this, the government land administrative departments, expertsand scholars have conducted pilot continuous exploration and theoreticalresearch, which have already achieved certain effects and results. Theseachievements will provide a good reference and guidance to our futurecollective construction land circulation work. Based on this, this paper exploresthe theory on the basis of further ones. The article is divided into eight parts.The first part is an introduction which describes the research background,domestic research status and research significance. The second part isdefinition which defines the concept of collective construction land use rights.The third part is the legislative situation, including the introduction of thehistorical review of the collective construction land, the status quo of collectiveconstruction land legislative, Such as "land management law","property law","City real estate management law". The fourth part is the status quo ofcirculation; including collective construction lands the flow rotation due,resulting in the development process as well as the domestic pilot situation.The fifth part is the necessity of circulation, through the analysis of thecirculation of collective construction land to produce economic benefits, tocome its circulation necessity conclusions. The sixth part is the transfer principle, divided into three aspects of the protection of farmers’ land propertyrights, the state-owned collective equality, government regulators counselingdescribed. The seventh part is the transfer system, through the transferconditions, transfer procedures, transfer income distribution three aspects ofdesign, Provide a whole can be run efficiently transfer system. The eighth partis the conclusion; mainly put forward some improvement of the system ofcollective construction land transfer suggestions. In summary, this paper is theanswer to why transfer, how to transfer, the conclusion is the collectiveconstruction land transfer, and smooth circulation.