Legal System Of Collective Construction Iand

A sound collective construction land transfer system is preceding the establishment of an urban-rural integrated construction land market.First, rural collective construction land transfer shall possess a solid basis that integrates laws, policies, public poll and practices. Equal ownership is the legal basis. The drawbacks of the former rural land acquisition system facilitate the collective system and the regional practice proves to be effective, which provides a institutional experience for the transfer in its legal level.Second, the dissertation analyzes normative documents and regional practice related to collective construction land transfer. A further anatomy of the local normative documents and their logic structure makes clear a divergence in policies and laws making between urban and rural construction land market, as well as varied functions over the land use. Meanwhile, the paper conducts a case study on the pilots of collective construction land market in Huzhou (Zhejiang), Wuhu (Anhui), Chongqing, Chengdu (Sichuan), Nanhai (Guangdong), Suzhou (Jiangsu) and Kushan, and summarizes their experiences and problems.Finally, the dissertation puts forward a restructuring of collective construction land transfer system with the context of the urban and rural integration and legislatively defines its purpose and land practices. Two thirds of the farmer community members approve of land sales, rental, transfer, mortgage and other legal uses and the land thereafter is able to be further transferred without consent. All collective land users or owners are able to mortgage the land. The income of land should be distributed on the principle of fairness and gives the priority to the weak group. Besides, within an urban-rural integrated construction land market, it is also necessary to perfect taxation and market supervision and enhance land planning, management and social security, to prevent the passive issues.