The Practical Difficulties And System Improvement Of The Transfer Of Collective Construction Land Use Right

Since the implementation of the reform and opening-up policy at the end of 1978,we have scored tremendous achievements on the rural economy and the income and the standard of living of the farmers.China have been always attaching great importance to the development of the countryside and developed and implemented a series of targeted reform measures in view of the actual situation of rural.After the construction of socialist new countryside,the solving of the problem of "agriculture,rural areas and farmers" and the construction of a well-off society in an all-round way,new achievements have been obtained on the rural infrastructure construction,food production and cultural construction.However,besides the great achievements,some obstacles still remains,especially the urban-rural dualism and the urban-rural dual land system.Just as water to plants,the lands is very important for the farmers.Reforming the land system is of crucial importance to the construction of socialist new countryside and the constant improvement of the farmers' living standards.The different position of the circulation of collective construction land and the state-owned construction land is one of the important issues.According to the current law of our country,state-owned construction land can move freely in the land market and its circulation rights are not under too much limitation.But being an equal right,the collective construction land cannot be fully realized and its circulation is strict restricted in some specific situation.At the same time,the country have the right to turn the collective construction land into state-owned by taxing,while the state-owned construction land can't be turned into the collective construction land through any way.With the increasing demand for land in our country,the commodity attribute of the collective construction land becomes increasingly obvious.So the current law has showed its hysteresis and allowing the transfer of collective construction land use rights has also shown its necessity and rationality.And at the same time,due to the limitation of collective construction land use rights transfer of the current law,some collective organizations and individuals breaks the legal restrictions and some“invisible market”appears.Besides thesolving of the lack of construction land in our country and promoting the economic development,at the same time,a lot of social problems appears,becoming a kind of damage to the healthy and stable development of the society and the development of rural economy and the protection of the legitimate rights and interests of farmers.The road is tortuous,but the future is bright.We can see that in the related current laws,some legal space is reserved on the feasibility of collective construction land use rights transfer.On the other hand,different from the current law,many policy in our country gradually liberalized the restrictions on collective construction land use rights transfer and has accumulated rich experience.At the same time,the invisible markets not only hinder the construction of the harmonious socialist society but also provide important lessons to the collective construction land use rights transfer system consummationTherefore,the transfer of collective construction land use rights has the necessity and feasibility now.The time of including the collective construction land use rights transfer into the legal system and improving the relevant is ripe.