Study On The Circulation System Of Rural Collective Commercial Construction Land Using Rights

As the source of social wealth, land is indispensable for human existence and development. Since the establishment of new China, the land transfer management system has experienced several stages, i.e.,absolute prohibition of transfer before the Reform and Opening-up,spontaneous circulation in 1980 s, and then the period of exploration and standardization. The value of land assets has been reflected and promoted accordingly. Due to the current law and strict restrictions on the policy, as well as the imperfect land property right system, usage right transfer of China’s rural collective construction land is still not recognized in the law,which affects and constraints the circulation.On January 19, 2014, the CPC Central Committee and the State Council issued the “On Deepening the Reform of the Countryside and Accelerating the Modernization of Agriculture”, stating that rural collective profit-oriented construction land can be leased, transferred and held as shares if it meets the premise of planning and usage control, and that it is equal to state-owned land in the market with the same right and price. It clears the policy barriers for the marketization of it and points out the direction.Considering the existing problems in the system and based on some research and investigation, the paper aims to discuss the standardizing and improving the transfer system of rural collective profit-oriented construction land. First, land property right system should be perfected and complete land property right should be given to rural collective profit-oriented construction land, which is the basis of its equal right andvalue with the state-owned construction land. Second, the trading system of it should be established to regulate the circulation activity and market.Third, the profit distribution mechanism of its use right transfer should be established to protect the legal right of the owners and guarantee the smooth running of the circulation. Finally, the role of the government in the circulation should be defined clearly to show the supervision responsibility of the government. In addition, related suggestions of law amendment are put forward in the paper. It aims to give powerful support to the circulation and ensure the healthy and orderly circulation through perfection of the system and legislation.