On The Legislation Improvement Of Collective Construction Land Use Right Circulation-

Our state through land expropriation change the collective construction land into state-owned land, however, national legislation in force stipulate only for the "public benefit purposes" to carry out the land acquisition. That is the legal basis for levy land. But it does not say what the "public interest" is. Led to the abuse of the right to levy land activities. The law stipulates the collective farmers receive just the nature of the agricultural land compensation fee after the expropriation of land. It due to the huge difference between the giants of the future land development and the current compensation fee offered to the collective farmers. These problems of levy land acts will undoubtedly revealed deficiencies in the current system of land expropriation. Meanwhile, the legal transfer of rural collective construction land use rights were strictly limited, lead to the phenomenon of the collective farmers raise to spontaneous circulation in real-life is very serious. Also, the local governments’ circulation pilots there have been many problems, mainly in the subject of circulation were diversification and diversification of these two aspects of transfer income distribution. All these questions have different levels of interest in land against the collective farmers. The Collective farmers should have the right to gain the development benefits derived from exploitation of rural land, which is the Land of rural collective Development Right. However, our current law does not give the right to the collective farmers. The result is that the collective farmers’land interests have been seriously infringed. Indeed it’s necessary for the creation of Land of rural collective Development Right, to protect the collective farmers’interests and to solve the problems related to the collective construction land use right transfer.My articles structural arrangements as follows:Direct carding problems of The Land Expropriation and the transfer distribution of benefits in The Collective Construction Land Use Right in Chapter One; and,Elaborate the basic theory Land of rural collective Development Right in Chapter Two; In Chapter Three, analyze how to use Land of rural collective Development Right to solve The Collective Construction Land Use Right transfer related issues; The last in Chapter Four, I’ll expound how to improve The Collective Construction Land Use Right transfer in the perspective of Land of rural collective Development Right...