The Research On Legal Issues About Rural Land Market Transfer

In the wave of China’s rapid development of the economy and societyand the unceasing progress of its urbanization, the demand of constructionland of urban and town is increasingly growing. The existing state-ownedconstruction land whose supply falls short of demand is priced high dueto its scarcity, by which the use of construction land has alreadystretched. The situation is getting increasingly fierce that has becomethe bottleneck of china’s urbanization. Therefore, it is in dire needof collective construction land to transfer into the trade market. However,the reality is that the rural collective construction land which is widelydistributed around the rural-urban fringe and the rural area cannot betransferred into the land trade market legally due to the imperfectionof current land policy and relevant laws and regulations. When puttinginto practice, many of the rural collective land flows to the land trademarket after being transferred to state-owned land through illegal landexpropriation carried out by the government; at the meantime, some of thecollective land flows into the unauthorized market without governmentalland expropriation and gradually forms with a recessive land trade market which has not only caused a series of social and economic problems thatdisturb china’s regular land order, but also harmed the interest of thestate, the collective and the farmers. Thus, it allows no delay to havethe rural land market transfer legalized, institutionalized andstandardized.On the Third Plenum of the18th Central Committee of the CPC, theCPC Central Committee issued the ’Decision of the CCCPC on Some MajorIssues Concerning Comprehensively Deepening the Reform’, which proposedto form a unified construction land market for both urban and rural areas,allowing rural collectively owned profit-oriented construction land tobe sold, leased and appraised as shares, on the premise that it conformsto planning and its use is under control, and ensure that it can enterthe market with the same rights and at the same prices as state-owned land.The proposal approved China’s previous pilot project of rural collectiveland transfer in certain area, and suggested that it is necessary andfeasible to implement the rural collective land transfer within a limitedscope. Hence, the legislation of rural land market transfer is with greatsignificance both in theory and in reality.Based on a massive research and field investigation, the thesis beginswith the concept of rural land market transfer. It starts with clarifyingthe definition of relevant concepts like rural collectively ownedconstruction land and the transfer of the right of using ruralcollectively owned construction land, and explicitly defines rural landmarket transfer as that the autonomous transfer of the right of using ruralcollectively owned construction land in land market, and then introducesgovernmental policies and regulations on rural land market transfer alongwith its historical evolution. The thesis then analyzes the necessity ofrural land market transfer through sorting China’s current transfersituation on the right of using rural collectively owned construction land. By introducing China’s pilot projects for reforming rural collectiveland transfer, it summarizes the effect gained from the practicalexploration as well as the defect and its causes. Besides, the thesisanalyzes the feasibility of rural land market transfer considering fromtwo aspects: legal basis and realistic foundation. It discusses thefeasibility of rights transfer in land market of three types ofcollectively owned construction land: public welfare construction land,cartilage and collectively owned profit-oriented construction land. Andeventually scopes rural land market transfer within the transfer of theright of using rural collectively owned profit-oriented construction land.In the end, the thesis puts forward some legislative principles of ruralland market transfer, including maintaining sustainable utilization,stabilizing ownership, protecting the right to use, consulting paid landtransfer under the principle of voluntariness and equity. Furthermore,the thesis presents a legislative proposal from six respects on rural landmarket transfer consisting of its scope, condition, form, allotted time,procedure and profit distribution.