Study On The Legal System Of Rural Collective Construction Land Transfer In China

Our daily life is filled with various forms of rural collective construction land transfer phenomenon.As for the important land rights about collective construction land,China's current laws on the transfer have given a strict limitation on various aspects.Except for some special cases prescribed by law,its construction is always recognized and protected by laws,which in a certain extent shows that the law has a certain lag and the legal and practical steps of inconsistency.At the same time,with the rapid development of society,the continuous improvement of economic level,and people's living standard improved,construction land supply and demand problem is gradually highlight and the imbalanced supply situation is serious.In this case,in order to pursue the material interests,some people begin to disregard the legal consequences of the various forms of "stealth" behavior.In recent years,this kind of illegal behavior has become more and more serious,which has caused a variety of problems in real life,which has caused serious damage to the collective land assets,and it also violated the interests of the state and collective interests.In this case,it is very important to make some timely and effective transfer of reasonable regulations.So carrying on the reasonable legal regulation,improving the relevant legal provisions,improving circulation of supporting system,and standardizing the rural collective construction land transfer,which to a certain extent not only can solve our problems and contradictions,but also protect the damage of collective land assets,promote the optimal allocation of resources,improve the efficiency of the use of collective land,alleviate the existing construction land supply shortage,which will promote the process of city.Therefore,it is of great practical significance and value to study this problem.In early 2014,the CPC Central Committee and the State Council issued the relevant documents that presented that the rural collective construction land can adopt three kinds of legal way of state-owned land with the same market circulation and the legal status of the two land use rights in the same position,the real sense of "right the same price".June 2015,the CPC Central Committee and the State Council,in the country to carry out 33 pilot rural collective construction land closed operation.As we can know our countries begin to pay attention to this problem,carry out the guidance in the policy,make a concession of the ruralcollective construction land transfer restrictions,and explore the suitable transfer across the country experience by the pilot mode.Because of this,in the face of the reality of the situation,at present our country only make some policy and local regulations on rural collective construction land transfer provisions in the law,and it needs to be adjusted in a timely manner,in order to meet the realistic need.Therefore,how to adjust the relevant laws and regulations,how to carry out the specific design of the convective transfer system,and how to improve the relevant supporting system,which have become an urgent problem.This article will start from the relevant provisions of the current collective construction land transfer,first of all,combing the relevant provisions of the law and policy,through the comparative analysis of its current legal deficiencies.Secondly,by discussing the situation in real life and the predicament reflected on the legal aspects of the simple exposition of the problems in the transfer of ownership,transfer procedures,income distribution and security system,as well as how to improve the system to provide ideas and direction.Then pointed out that although there are many problems,but allows its circulation has a very important significance in many aspects,only clear its meaning,to help promote circulation,is conducive to building a circulation system.Then combined with the system of typical samples before the pilot areas of circulation,were analyzed and summarized,summed up the advanced experience and lessons,finally in the construction of legal system and put forward relevant suggestions and improve the supporting measures.