Feasibility Study Funded Collective Construction Land Use Rights

Collective construction land use right is an important right of collective land userights in China. Whether it can be funded is the prerequisite to solve the dilemma onrural economic development.At present, the question that whether the collective construction land use rightscan be funded has some practices, but these practices rely on local policies to adjustand standardize, and the relevant laws and regulations are incomplete, which makes itlack the stability and legal basis. Based on the practical experience, and analysis ofthe existing laws and regulations, author will give some opinions on the issues thatwhether the collective construction land use right can be funded. This paper is dividedinto three parts:The first part mainly introduces some basic problems about the concept,characteristics and classification of collective construction land use right, as well asits significance to fund.The second part analyzes the capital feasibility of collective construction landuse right. First of all, the collective construction land use right is a kind ofnon-monetary property, so it must satisfy those three conditions on non-monetaryproperty investment provided by the “Company Law” which the property can beestimated and transferred, and does not belong to the property that is prohibited to befunded by the law and administrative regulations. According to the above provisions,the secant part focuses on the analysis of laws and regulations with regard tofinancing of collective construction land use right, and summarizes some usefulexperience that based on the practice of transferring of collective construction landuse right, which proves that collective construction land use right can be funded.For the last part, it points out some questions existed in the process of funding,and gives the relevant suggestions for these questions. If the collective constructionland use right wants to be funded, it is necessary to solve those problems whichremind to the estimate and transferring of the collective construction land use right,and the lacking of legal basis to fund. Therefore, it is essential to ensure the collectiveconstruction land ownership subject, and perfect the functions of the collective landownership and appraisal system, as well as to establish and improve the relevant lawsand regulations, which make the collective construction land use right have the legalbasis when it is funded. Apart from the above-mentioned obstacles, thecharacteristics of the collective construction land use right also have come intoconflict with the corporation legal system, such as, the terminability of the collectiveconstruction land use right and permanency of corporate property, university of thecollective construction land use right and the terminability of the number ofshareholders, the determination of the collective construction land use right and theautonomy of corporation operating. In view of the above problems, the author givessome suggestions for improvement.In short, the funding of the collective construction land use right would play aimportant role in standardizing rural land market order, perfecting the collective landownership and protecting the interests of farmers, which will promote thedevelopment of rural economic.