The Research On The Usufruct Circulation Of Rural Collective Constructional Land

Dating from 1950s, the circulation system of the right to use rural collective constructional land formed 30years ago. Under the new social background, the potential of the system has not much left. On the contrast, it has restricted the further liberation of rural productivity to a certain extent. The circulation system of the right to use the rural collective construction land under the current law, the transfer of single and rigid, lack of allocation fuzzy, transfer income circulation subject inequality and the right to relief has seriously hindered the development of rural economy, and has restricted the follow-up reform. Therefore, set up the unified transfer market of the right to use the land, is not only the urgent requirement of the development of rural economy, but also the necessary measure to promote urbanization construction.The party’s Third Plenary Session of the eighteen report pointed out: "in the premise of planning and using control, allow the management of rural collective construction land transfer, leasing, investment, and carry out into the city with the price of state-owned land equal right." This clears the direction of the collective construction land use rights transfer. At the same time, the collective construction in Wuhu, Guangdong, Chengdu, city land use rights transfer practice provides reference experience for the construction of the transfer system of collective construction land use rights. Accordingly, this paper uses law method, and uses the method of economic analysis and empirical study, based on the analysis of inspection system in the provisions of the existing law, drawing on the practice patterns in the typical area, to provide perfect advice for collective construction land use rights transfer system. The text is divided into five parts:Part I:"the rural collective construction land use rights transfer concept". This part defines the connotation and extension of the rural collective construction land, the use rights of rural collective construction land and the transfer of rural collective construction land use right, to determine the main research categories.Part II:"The Legal Status of rural collective construction land use right". This part from our collective construction land use rights transfer mode, transfer subject, transfer of the main interests compensation, income distribution and transfer of legal relief operation analysis system of circulation of the right to use the rural collective construction land under the present law system, points out the disadvantages in reality. This part from the two sides reveals the necessity of collective construction land use rights transfer system reform, and gives the right direction of the reform and direction of the collective construction land use rights transfer.Part Ⅲ:"The typical transfer mode of rural collective construction land use right of stage." Through the analysis of this part of rural collective construction land use rights in Wuhu, Guangdong and Chengdu City transfer practice patterns, Comment on their respective advantages and disadvantages, which summarize the experiences and practices of rational and effective, Provide practical basis for the framework of collective construction land use right transfer system.Part IV:" The legislative proposals of rural collective construction land use right system." This section is the core part of this article, which is the basis of previous research on text analysis, system construction of rural collective construction land use rights system. First, determine the premise and principles laid spirit and soul system, After separately from the main circulation, transfer mode, transfer and circulation of main content price control the distribution of benefits and other aspects of the collective construction land use right transfer system provides a rich and improvement suggestions.