Discuss The Direct Transfer Of The Land Used For Construction Of Rural Collective Business Practices And The Insufficiency Of The Current Land Rules

According to the regulations of the People’s Republic of China land management, the sixty-third act, farmers collectively-owned land shall not be used for non-agricultural construction. At the same time,it is clearly reported in the third plenary session of the 18th Party Congress that rural collective construction land are allowed in market circulation management in conform to the land planning and land use control cases. This action promotes and provides guidance for rural collective construction land entering land market equally with the same price and the establishment of a unified urban and rural land construction market, which allowing rural collective construction land transfer for commercial purposes under the premise of land planning and land use restrictions.The current legal system of urban and rural duality construction land market, allowing the state-owned construction land under the premise of land planning to sell, transfer, lease freely for non-agricultural construction, has restricted the rural collective construction land transfer, which seriously hindered the construction of legal system of urban and rural unified construction land market. In the context of the current policy guidance, in accord with the premise of land use planning and use control, insist the right of equality in the market, with the same price the principle of land used for construction of rural collective should be allowed to sell, transfer, lease, invest, mortgage and other forms of land circulation.However, as industrialization and urbanization have a great demand on land, in practice, "invisible market" has already existed in some rural areas of the transfer of collective management construction land, along with some problems, such as transfer subject qualification, the eligibility of transfer object, transfer procedures violation and transfer income distribution rules and so on. From a certain extent, the implicit land market in rural areas not only disturbs the order of state-owned land market, and may easily cause a great loss of collective land property because of lax supervisionThe rural collective construction land on commercial purposes takes a large proportion of rural collective construction land,and therefore, it is a eager problem for Chinese government in land reform to correctly guide rural collective business entering the land market and to regulate land transfer.In future, rural land approval certification should be taken as well as the clarification of eligibility farmers’ land property rights. Under this circumstance, rural land use right trading market should be established and vast rural land capital can be taken into use. In legal regulations, it is necessary and eager to clarify the rights and duties in the relationship and publish related operative polices,so as to regulate the direct transfer of part of the land.This paper tries to analyze the direct transfer of the land used for construction of rural collective business practices and the insufficiency of the current land rules, to put forward some suggestions for legal regulation and to solve the collective business direct transfer of the right to use construction land and the problem of how to regulate security.The first part discusses the necessity and feasibility of direct land transfer.The second part discusses how to determine the qualification of the land. The third part is about the range of object scope and conditions. The fourth part is about transfer program setting. The fifth part discusses land income distribution.