Study On Legal Issues Of Collective Construction Land Use Right Transfer

The value of collective land has become more and more conspicuous with the development of market economy. Land resource is limited and non-renewable, so when we promote the development of the rural area we should consider how to make full use of the land. By transferring the use right of collective construction land to promote the flow of land production factors has great meaning. But the current law of our country still prohibits the transfer strictly, this kind of practice has blocked the development of urbanization to a certain extent. When face various problems in practice it is necessary to reform the transfer system of collective land use right. The third plenary session of 18 had put forward that collective land enjoy same rights and be valued by same market price rules with state-owned land, and establish unified construction land market, all of these had pointed out reform direction for collective construction land transfer system. Guangdong province has made great innovation in collective construction land use right transfer, the good experience can be reference for our country’s collective construction land use right transfer reform.The introduction preliminarily analyses legal issues in the case to introduce a series of problems that related to collective construction land use right transfer and will be discussed afterwards.The first chapter describes present situation of collective construction land use right transfer and analyses reason how it form. The second chapter introduces the collective construction land use right transfer system of Guangdong province, and discusses its defects. The third chapter conceives new collective construction land use right transfer system, this part is the key and innovative point of the article. In order to make the collective construction land use right transfer smoothly, firstly should limit the government levy collective construction land in the name of public interest; Secondly legislation should provide the subject, object, income distribution and proceeding of collective construction land use right transfer in detail and comprehensively.