On The Perfection Of The Legal System Of The Transfer Of The Collective Construction Land Use Right In China

Currently according to our law, the transfer of collective construction land use right shall be strictly limited, so the transfer cannot get the recognition and protection of the law except the statutory special circumstances, which seriously lags behind the practical needs. With the gradual progress of China’s urbanization process and the continuous improvement of the level of economic development, there is a serious imbalance between supply and demand of construction land. In such case, for pursuing material interests the illegal behavior of transferring becomes more common, which brought many problems in practice. In this case, if we can effectively regulate the transfer of the legal system, establish a corresponding transfer system and standardize the order of collective land use, it will be beneficial to solve various contradictions and difficulties, protect the collective land, improve the collective land efficiency, optimize the allocation of resources, ease the tension between supply and demand of construction land, and to promote the process of urbanization in China’s rural areas.Therefore, the research on this issue is of great practical value and practical significance. In January 19th,2014, the CPC Central Committee and the State Council issued the document which allows the operating rural collective construction land to be transferred, leased, used to buy shares in line with the statutory conditions. According to this, the state has begun to gradually relax the restrictions on the transfer in policy, and continues to add the corresponding pilot areas. But how to adjust the relevant laws and regulations, perfect its corresponding matching system and how to design the specific transfer system are important issues to be studied at presentThis paper includes the following contents:the basic theory about the transfer, legislation and practice situation, significance,and the existing problems of the transfer of this right and the suggestions on the construction of the relevant transfer system in our country.