Rural Collective Construction Land Use Rights Transfer Legal Issues Research

Since the reform and opening up,China's urban state-owned land use system reform progressing,but the rural collective construction land circulation system reform has been stagnant.Rural collective construction land system is perfect,directly related to farmers,for research of rural collective construction land use rights,will automatically to a great extent,alleviate access into the market situation,so also will be relatively less faced by the legal,economic and social burden,research and normative collective construction land,has an extremely important theoretical and practical significance.Currently,the country launched a positive and useful exploration and accumulated a lot of successful experience,but there are also many deficiencies.In this paper,the use of legal expertise,combined with the relevant knowledge and understanding of sociology,learn from the advanced experiences from around the pilot,through empirical analysis,we can find that construction land use right transfer analyze legal problems,and propose constructive legal countermeasures.Based on field surveys and access to large amounts of literature on rural collective construction land use right transfer issues in-depth study.The article is divided into six main sections:The first part mainly elaborated China's rural collective construction land the research background,significance,research status,research ideas and methods,innovation and deficiencies.The necessity and feasibility of the second part for the rural collective construction land transfer overview and necessity and feasibility analysis,to China's rural collective construction land transfer related concepts were defined,expounded China's rural collective construction land circulation,historical evolution,and the rural collective construction land transfer are analyzed.The third part analysis that it can promote the process of reform of China's rural areas,especially in the area of land property rights system.Through analyzing the system of pilot cities,can clearly know the rural collective construction land circulation is feasible,and isthe inevitable trend of historical development,complying with the trend of rural collective construction land circulation,and to strengthen its management,and the proper guidance,has become the objective requirement of the governments at all levels.It is right to the legal status and start from the “constitution”,“general principles of civil law”,“property law”“land management law” and other existing laws and policies in the rural collective construction land use rights transfer provisions,in-depth analysis,and of the current rural collective construction land use legal difficulties in the transfer of the right to the presence of in-depth analysis.The fourth part is the study of the rural collective construction land use right transfer abroad and domestic practice.First of all,through the study of land transfer in Japan,Britain,France,the United States,analysis of China's collective construction land transfer,and then through the introduction of Anhui,the South China Sea,Shanghai and other places of circulation model.The experience of the collective land circulation is analyzed,which provides some references for the reform of rural collective construction land transfer system in China.The fifth part is the consummation of rural collective construction land use rights transfer system of legal advice,according to the problems above of rural collective construction land circulation in the analysis,in the conclusion part.Firstly,the paper proposes the suggestions to perfect the legal system,and then put forward the perfection of collective construction land use rights transfer system and related legal system is proposed.