A Study On Legal System Of Using Rights Transferring Ways Of Chinese Rural Collective Construction Land

The decision of several major issues on comprehensively deepening reform made by the central committee of the communist party of China(Referred to as The decision) have been passed in the third plenary session of the eighteenth on November 12, 2013. The decision has clearly provided that:” The rural collective operational construction land is allowed to transfer, lease, investment and is equal to state-owned land in the market, with the same right and the same price under the premise of conforming to the planning and use control.” But Chinese relevant laws and regulations prohibit the circulation of rural collective construction land at present. According to the practice of state-owned land circulation in our country, the land transferring occupies an important position in the market of the land circulation. Specific administrative rules and regulations have been issued for the transferring ways on state-owned land. In order to establish the situation that the rural collective construction land has the equal right and the same price as the state-owned construction land as soon as possible, it's necessary to study the transferring ways on rural collective construction land in detail.The first part of this paper introduces the research background, research status,research methods and research significance of the topic about the legal system of using rights transferring ways of rural collective construction land. The second part mainly expounds the concept, the characteristics and the significance of rural collective construction land transferring ways. The third part mainly introduces the legislative status of transferring ways on rural collective construction land, the transferring ways in practice and the problems of the transferring ways. The fourth part introduces the revelation on the transferring ways of state-owned land, including the necessity and the feasibility on referencing the transferring ways of state-owned land, the specific transferring ways of the state-owned land, the problems under the transferring ways and the revelation to the userights transferring on the rural collective construction land. The fifth part is the core part of the article. This part makes suggestion about the specific legal system design of the transferring ways on rural collective construction land, including putting forward legislative proposals, building concrete transferring ways, perfecting the supporting legal system. The final part makes a summary of this article. The innovation of this article lies in that land planning, urban and rural planning as the premises are studied in detail before the construction of the using rights transferring ways on rural collective construction land.The concrete suggestions of perfecting land planning, urban and rural planning are put forward. By the way of drawing lessons from the state-owned land transferring ways,referencing the ways of government procurement, combining with the characteristics on the transferring of rural collective construction land, the suitable transferring ways on rural collective construction land are chosen, and the concrete suggestions on legal system construction of each manner are put forward.