Research On The Legal Problems Of Registration Of The Right Of Collective Construction Land Use Right

The Ministry of land and resources, the Ministry of finance, Ministry of housing and urban rural construction, Ministry of agriculture, State Forestry Administration jointly issued a document, clear requirements strictly regulate the collective construction land use rights is indeed the right registration, Explain the importance of collective construction land management. The land is the survival of the farmers, Management and use of land, is the basic rural construction.This article from the collective construction land use rights background, Study on the current legislation situation and difficulties, From the transfer of land, improve land utilization, promote the necessity of unified registration of immovable property, protect the rights and interests of farmers and build a harmonious society and other aspects of the full analysis of land use rights registration is indeed the right of collective construction, to determine the legal principle. The ownership and the determination of the main body of ownership is the key to determine the contents of the collective construction land use rights is indeed the right registration. The existing legal provisions of land ownership of the collective construction, the comprehensive analysis on the village collective farmers, rural collective and the villagers group collective farmers of the three main, analysis of the subject of ownership and the absence of the subject of the awkward position, to try to reconstruct the system of subject of the ownership. Determination of the subject of ownership has the same problem. In the actual exercise, the main exercise proper exercise no qualifications, the actual exercise of the body is not in accordance with the provisions of laws and regulations’representative.In the collective construction land use right registration legislation perfect, we should establish the correct concept of legislation, we can try to introduce to the establishment of joint-stock cooperative system used on the exercise of the right to the subject, so in determining the subject can not enjoy the ownership of the subject to exercise their rights, it not only can maintain the legitimate rights and interests of farmers, but also the effective management of collective construction land. In determining the specific laws and regulations, different areas have different situations, The problems left over by history, can’t make it rigidly uniform, can the pilot in a small range, then in full swing, then from the individual to the general, formulate a unified urban and rural collective construction land system.