Study On Civil Rules Of The Right Using Rural Collective Commercial Construction Land In China

The first part is introduction,which mainly expounds the purpose,significance,perspective and object of research,as well as reviewing home-and-abroad research status.The theoretical premise of land-use right entering market is to define the usufruct in rights to use rural collective commercial construction land.Interpreting the rights using rural collective commercial construction land in Civil Law and constructing rules of entering market by referring Civil Law break through the traditional concepts and theories,which bring strong support to the reform and development of rural land system.Based on home-and-abroad existing research results,the author takes the Civil rules as the research perspective,and the entering market of rights to using rural collective commercial construction land as the research object,which is helpful to establish improved rules of entering market.The second part mainly expounds related problems in entering market of the rights using rural collective commercial construction land.The definition of usufruct of the rights using rural collective commercial construction land,the dividing rights of land property rights and equal protection of entering market of land rights provide theoretical support for its entering market.The entering market of the rights using rural collective commercial construction land meets the needs of market-oriented economy,solving some existing problems in land market from the macro level,and increase the property income of the farmers.At the same time,some problems like the unclear property subject,imperfect transaction rules and chaotic income distribution also exist in the entering market of rights using rural collective commercial construction land.In the third part,the author analyzes the main body of the right using rural collective commercial construction land.The right using rural collective commercial construction land has not been separated from the ownership before its entering market,the holder of rights is the legal person of rural collective economy.However,as property subject,legal person of rural collective economy owns vague form and unclear inner legal structure,the reform of rural collective economy organization to rural collective share cooperative will be more conducive to its changing to be main body of entering market.After its entering market,its main body of the right using rural collective commercial construction land has little difference with that of state-owned constructive land,which also includes the natural person,legal person and other incorporated organization.The fourth part mainly elaborates the transaction rules of entering market of the right using rural collective commercial construction land.The most important thing of entering market of the right using rural collective commercial construction land is to establish a set of improved transaction rules which includes following aspects: First,the rules of sale,through the provisions of the way of sale,transfer conditions,the deadline to protect the use of collective construction land use rights.Second,the leasing rules,including rental rules and sublet rules.Third,the valuation of shares,making a clear definition of the meaning,property,conditions,forms and deadlines of shares to protect the interests of farmers and right holders.Fourth,the transfer and mortgage.Fifth,making the exit rules of the right using rural collective commercial construction land clear.The fifth part mainly expounds the distribution rules of entering market of the rights using rural collective commercial construction land.Constructing proper distribution rules of entering market is beneficial to increase the property income of farmers.Therefore,we should pay attention to following instruction: First,we should adhere to the principles of market orientation,property rights,openness and justice.Second,the first transfer of income is formed in the process of transferring,the main part of the income distribution is rural collective share cooperatives and their members,the cooperatives can possess part of income,while whole members of cooperatives can decide the distribution ratio of the rest of income.Third,the transfer of income should be the adding value after transfer price minus land transaction fees,meanwhile,government should participate in the distribution by collecting tax to make sure that use right holder can obtain most of the income.