Research On The Law Of Use Right Circulation Of Rural Collective Construction Land For Commercial Purpose

Under the background of accelerated urbanization,the fact of spontaneous circulation of rural collective construction land reflects the objective demand of market economy.According to “ the central committee of the communist party of China on comprehensively deepen reform certain major issue decision”(hereinafter referred to as “ decision ”),which was passed by the Third Plenary Session of the 18 th CPC Central Committee in the year 2013,a unified construction land market should be established in urban and rural areas.And at the same time,rural collective construction land are allowed to be transferred at the same price with that of state-owned land under the premise of conforming to the planning and use control.The introduction of this policy indicates that the circulation of rural collective construction land for commercial purposes have been accepted and approved by our government,simultaneously it also means that appeal of allowing rural collective construction land to be circulated for commercial purposes has got positive responses from our government.Until now,the research on circulation issues of rural collective construction land for commercial purposes has turned to how to execute and protect the circulation instead of the necessity of circulation.Aiming at the above issue,according to the routine of discovering problem—analyzing problem—solving problem,this paper tries to study on the legal institution of the use right circulation of rural collective construction land.This article includes the following four main parts:The first part begins at introducing definition of the basic concept and theories about the rural collective construction land for commercial purposes.And then demonstrates the importance and feasibility of circulation of the use right.At the same time,this part discusses why the circulation has great impetus.The second part is to estimate and comment on the practice of the use right circulation of rural collective construction land as well as to summarize its experience and enlightenment.Taking Nanhai in Guangdong Province,Wuhu in Anhui Province,Chengdu in Sichuan Province,Chongqing and Beijing as examples,this part sums up the local legislature of the above pilot areas.The third part is to deeply analyze the legal problems existed in the use right circulation of rural collective construction land,and then illustrates the legal barriers brought by the above problems.The last part is about proposal of how to improve the legal institution.According to the institutional barriers mentioned above,this part tells the suggestion of lawmaking from improving legal institution and constructing legal institutional system.In addition,this paper proposes systematic scheme including specific measures.