Research On Transfer Of The Right Of Use To Collective Operational Construction Land

The collective construction land market management Is the third plenary session of the eighteenth to make major decisions.As a new system, it is bound to experience a process from scratch,now,the system is in the construction phase.“Transfer” is an important way for market transaction.Under the background of furtherance of the right to use the collective management of construction land into the market, it has important significance in theory and practice to study on the transferring collective management land for construction right of use.Although there is a great similarity in nature of the right to use the collective management of construction land and the State-owned construction land use right.The first can not copy the State-owned construction land use right mode completely.Build the collective business transformation system of the right to use construction land cannot copy, but mirror.This paper mainly consists of four parts:The first part,the general theory of the transfer of the right to use the collective management of construction land. Firstly, it needs to define its connotation and nature. It is a kind of usufructuary right. It is not only for the right to use the land for construction of township enterprises, but also for the right for Construction land for commercial, tourism, entertainment and other land.The historical evolution of the land transfer system in China, which pointed out that the land transfer system in our country only refers to the transfer system of state-owned land use right. As they have the consistency in the nature, they can be used to transfer the use of paid.The third, Summarize of the connotation of the transfer of the right to use the collective management of construction land, and clear the scope of this research.The second part, the necessity and feasibility of constructing the system of the transfer of the right to use the land for construction of collective management. The thesis states in two aspects: The one is the perspective of equal rights, including equal ownership and with the right.The second is the perspective of market demand, including the establishment of collective management of construction land use rights, to build a unified urban and rural construction land market, the prosperity of rural financial markets. Then it analyses mainly from the land ownership and land use rights separation theory, the legal provisions set aside space, policy support, pilot areas of experience in several aspects.The third part, introduce its the current situation and problems of the pilot area assignment. Analysis mainly of Jinjiang District, ChengDu City, promulgated by the Anhui Province, Guangdong Province and other regions of the collective construction land use way in the management of the transfer of the right of collective management of construction land use rights transfer system, summed up the characteristics, and analysis of the existing problems.The fourth part, the investigation of the transfer system of the state-owned construction land use right. Analyze the operating situation and the experience and the existing problems of the mature state construction land use right transfer system. Learn from the relatively perfect part, and improve something existing problems.The last part, Suggestions on the construction of the legal system of the transfer of the right to use the collective management of construction land. This part is the key and difficult point of this paper. It suggests the collective management of construction land use right transfer of the main body, the transfer of the object, transfer procedures and methods, the transfer period, the transfer of use restrictions, transfer payments and other aspects of the allocation of income.