Legal Considerations On The Rural Collective Commercial Construction Land Transfer In Chongqing

In recent years, rural land system reform has become one of the priorities of the central and local governments and also a hot issue in the theoretical circle. The practice of rural collective commercial construction land transfer in Chongqing is not only an institutional innovation of rural land reform, but a policy that benefits farmers. Based on the practical experience of rural collective commercial construction land transfer in Chongqing, this paper proceeds from the legal perspective to investigate the cause and current situation of such land transfer and puts forward specific countermeasures for the prominent problems in the relevant practice, in the hope of providing some beneficial suggestions on the practice of rural collective commercial construction land transfer in Chongqing and other regions in China.In this paper, the discussion is made by following the train of thought of “presenting problems, analyzing problems, and solving problems”. Besides Introduction and Conclusion, this paper is divided into four parts.Part One mainly introduces the relevant theories of rural collective commercial construction land. Firstly, the concept of rural collective construction land is introduced and the classification of rural collective construction land is analyzed. On this basis, the concept of rural collective commercial construction land is defined, the dispute on the definition in practice is analyzed, and the connotation of the concept is explained in combination with the investigation conducted in various aspects. Next, the concept of rural collective commercial construction land transfer is defined and the classification of such land transfer is summarized. Besides, it is also pointed out that the rural collective commercial construction land transfer discussed in this paper mainly refers to the transfer of the right to use such land.Part Two elaborates on the cause and current situation of the rural collective commercial construction land transfer in Chongqing. To be specific, the driving factors of rural collective commercial construction land transfer are analyzed, the use, scale and distribution of the rural collective commercial construction land in Chongqing are displayed, and the current situation of the rural collective commercial construction land transfer in Chongqing is further analyzed by citing practical cases.Part Three focuses on analyzing the problems reflected in the practice of the rural collective commercial construction land transfer in Chongqing. First of all, Chinese laws and regulations concerning land transfer are combed to reach the conclusion that the imperfect existing laws and regulations restrict land transfer. Secondly, the problems existing in land transfer are studied from the perspective of land transfer management mechanism, and it is analyzed that the rural land transfer management system construction in Chongqing falls behind its transfer practice at the present stage and that the interests of the relevant subjects can hardly be safeguarded. Thirdly, the influence of land transfer market system and land transfer revenue distribution mechanism on land transfer is studied separately. Specific analysis indicates that the imperfect land transfer market system, misplaced government functions and unreasonable land transfer revenue distribution prevent rural collective commercial construction land transfer from being implemented smoothly. Finally, analysis is conducted on the imperfection of rural social security system and the unequal status of urban and rural land property right.In allusion to the problems reflected in the practice of rural collective commercial construction land transfer in Chongqing, Part Four puts forward universally applicable suggestions to improve the rural collective commercial construction land transfer system. To be specific, the suggestions are proposed in six aspects, namely improving the land property right system, normalizing the land transfer management mechanism, perfecting the land transfer market mechanism, perfecting the mechanism of safeguarding land transfer rights and interests, perfecting the land transfer revenue distribution mechanism, and constructing the legal system.