Protection Of The Right To Use Collective Construction Land By Property Law In China

The liquidity of land factor is the fundamental requirement for market distribution of land.The separation of land use right and land ownership makes it possible to allocate land resources in the market.Since China's reform and opening up,the transfer of stateowned construction land use right has brought great vitality to the national economy.However,the circulation use of the right of collective construction land in China has been strictly restricted,resulting in the massive loss of farmers' land rights and interests.The fundamental problem of "agriculture,countryside and farmers" lies in the reform of land system,and the poverty of peasants lies in the poverty of rights.In order to realize the integration of urban and rural areas,it is necessary to implement "the same place and the same right".At present,China has begun the pilot reform of collective construction land transfer,and the Land Management Law is being revised.However,according to the principle of "numerus clausus",the right to use collective construction land in China has not in Property Law yet.It means that it isn't a real right protected by Property Law with a large number of collective land being idle and relative land disputes emerging one and another.Therefore,from the perspective of property law,it is of great significance to study the right to use collective construction land,clarify the way of exercising its rights,and construct the mechanism of protection and relief of its rights,so as to improve the system of land rights,improve the efficiency of land resource allocation and promote the equity of land income.The author read a large number of Chinese and foreign documents,explored the conception of the right to use constructive land of collectivity,analyzed the historical causes of the right to use collective construction land,compared it with the current legal system and practice of reform,analyzed the existing problems and causes of the right to use collective construction land,and combined the comparative analysis of foreign legislative experience,suggested that it can be used for collective construction in China.The system of land use right adds provisions such as "revenue tax" and "sacrifice compensation".This paper clarified the property of land usufruct of collective construction land use right,incorporates it into the category of property law,and establishes transferable collective construction land use right.The author innovatively put forward four basic principles to protect the right to use collective construction land: insisting on collective land ownership,market allocation of land resources,protecting farmers' land rights and interests,and safeguarding the unity of the legal system of land.The author also put forward suggestions on the construction of the law on the right to use collective construction land and the protection and relief of the right to use collective construction land.Restrictions on the right to use land for construction purposes.