Research On Legal System Of The Transfer Of Collective Land Use Rights

In the new era of social transformation in our country,the reform of the rural land system is the key to promoting the development of urban-rural economic integration and deepening rural reforms.The improvement of the transfer system of collective land use rights is the key to deep rural reform.According to the existing legal system,the state-owned land use right transfer system is relatively complete,basically realizes the orderly circulation in accordance with the law,and the flow of collective land use rights still faces many institutional restrictions.In order to revitalize rural land resources,improve the allocation efficiency of rural land resources,maximize the value of rural land,and improve the circulation system of collective land use rights has important practical significance.The article sorts out the historical evolution of the collective land use right circulation system first and try to looks for some regularities in promoting the circulation of collective land;based on the analysis of the status of the transfer of collective land use right in the pilot areas,it analyzes the existing problems in the flow of collective land use rights in China and then put forward legislative proposals for the improvement of the transfer system of collective land use rights.The first part of this paper describes the domestic and foreign research situation of China's collective land use rights circulation system,as well as the research methods and the thesis structure.The second section clearly defines the concepts of collective land,collective land use rights and the transfer of collective land use rights and then combining the current situation of the transfer of collective land use rights in our country,elaborates the landed property rights theory,institutional change theory and the socialist market economic theory to discusses the dialectical relationship between the basic theory and the circulation of collective land use rights in our country.The third part teased the changes in the circulation system of collective land use rights after the founding of the People's Republic of China and further demonstrates the historical inevitability of the collective land employment right pasts in China.The fourth part is based on field surveys and the analysis of the current situation of circulation of land-use right of the 'three plots'(agricultural land,homestead and collective construction land),the author summarizes the common problem of the right to use the 'three plots' in circulation.The last part provide suggestions for improving the circulation system of collective land use rights in our country from removes the 'urban-rural dual structure' system,enhances land-financing and credit functions,establishes and improves the rural social security system,strengthens the use of collective construction land,Promote and improve homestead withdrawal compensation mechanism and explores the 'three rights' allocation of homestead's ownership,qualification rights,the use rights and other aspects.