Research On Several Questions Of Law For The Circulation Of The Right To Use Collective Land For Construction

An important symbol of urbanization is the expansion of urban land,with the development of urbanization in our country,construction of new cities are mushrooming,but simultaneously the relationship between demand and supply of State owned land became strained.the cost of the state-owned land rise continuously,but also hamper urbanization in macroscopic view.With rapid development of the new countryside construction,The channels that farmers got the income diversified,they choose to study advanced knowledge and skills in cities.For re-planning use the idle land and makes more profit for themselves,some of them try to transact the right to use of the collective construction land.But circulating use of the right of collective construction land was strictly limited by China's current legislation.The rights of villagers were not guaranteed,and severity waste of land resource by the reason of lag and absence of law.transfer pilot is a positive exploration,this paper will be divided into four chapters and aims to study in view of legal point on collective land circulation.The first chapter expounds the basic concepts of rural collective construction land clarify the main body of its circulation and related procedures,analyze the legal basis of its circulation.Discussing the theoretical basis of the same right of rural collective construction land and state-owned land,from the perspective of ownership and disposition right in civil law and usufructuary right in property law.The second chapter introduces the current situation of the legal regulation on the transfer of the right to use collective land for construction and then given our laws,departmental regulations,and relevant policy documents promulgated by the Central Committee and the State Council of the circulation areas as a starting point,land expropriation as an important stage of changing the nature of land,should change with the ti mes,Combining the question and contradiction meted in the land circulation practice,analyzing the current situation of the legal regulation on the circulation of rural collective construction land.The third chapter comparatively analyzed the existing problems in the legal system,policy and government management for the transfer of rural collective construction land,and reveals that relevant legal provisions can not solve the problems efficiently,and then reflect the the necessity and urgency of building and improving the circulation of the supporting systems.The fourth chapter based on analyzing and summing up the fore mentioned problems,the author suggest that measures should be taken to consummate the related legal system,adjust and distribute the interest of the reasonable profit collocation.In a word,the reform on farmland system and legal environment in rural land transfer system should started with the current situation of our national land rearrangement and guided by practical experience.Only in this way can we advance the steady growth of rural collective construction land transfer.