Rural Collective Construction Land Issue Legal Research

With the development of market-oriented economy and the upgraded urbanization,and especially influenced by comprehensive factors, including enterprise restructuringand real estate development in urban and rural areas, the private circulation of ruralcollective land is prevailing, which has actually become an intangible market of landexchange. In face of the increasingly active circulation of rural collective land, it isimperative to reform and perfect the legal system. It is called “Neo-Land Revolution”by the media. It is worth thorough consideration about how to make the new revolutionthe engine of rural development and of the improvement of rural living conditioneffectively.Accordingly, the author does research into the issue of the circulation of ruralcollective construction land, by choosing Chang De, Hu Nan province as theexperimental area. The author carries out investigation there and writes the essay, basedon the collected materials. The essay consists of six parts. The first part gives anintroduction about the background information and significance of the subject, asummary about the current academic views and conclusion, and an illustration of theresearch method and the possible creativity. The second part concerns the concepts inlaw defining the circulation of rural collective construction land. With reference to legalprovisions, the collective construction land is divided to three main types of homesteadfor villagers, enterprise ownership, rural public facilities and welfare undertakings. Thethird part analyzes the data of the driven forces behind land circulation. Based on thisand the current state in Chang De, the author gives further explanation about differentforms of the current circulation of rural collective construction land, including“substituting house for land”, sale, rent, mortgage, joint stake and so and. Relatedexamples and data are listed, with a brief comment on the legal risks during the process.The fourth part analyzes a series of problems and the causes in the circulation ofcollective construction land. The laggard law system, unscientific plan and management,the non-standardized land price and the unreasonable distribution of interests lead to theproblems in practice. The fifth part is about the inevitability and possibility of the rightsof circulation in rural collective construction land. Firstly, the inevitability of circulation is approached from three aspects, including the realization of economic value of theland, the balance of interests between urban and rural areas, and the protection of therights of the owner. Then, the possibility of circulation is approached from three aspects,including, the room for system reform, the basis of practice and the legal basis. Thesixth part is a conclusion of the experience of Chang De, based on which, thesuggestions are given, on the improvement of circulation of collective construction land,including the perfection of property rights, the establish of land pricing system, theimprovement plans of interests distribution system and the organization of villagemanagement, as well as the concrete legislative proposals.The circulation of collective construction land plays an important role in theprosperity and development of the rural area, as well as in the increase of incomes ofpeasants. It is integral to the realization of the goal of coordinated development of urbanand rural areas in China. The essay aims to give some suggestions to promote theregulated circulation of collective construction land, and the steady development of landmarket, by the systematic research into its cause, forms, rules and theoretical basis.