Research On The Circulation Of Collective Construction Land Use Right Under The Civil Code

Land use right is the way of property law to realize market allocation of land resources in China.In the process of China's market economy and urban-rural integration,the demand for land resources is increasingly tight,the original state-owned construction land reserve is not enough to meet the needs of development,the value of collective construction land is gradually highlighted,and the voice of the circulation of the use right of collective construction land into the market is increasingly high.However,all the time,national laws and policies have strictly limited the circulation of collective land rights.In addition,the right to use collective construction land and the right to use state-owned construction land have different rights in the "property law",which makes the circulation of collective construction land rights lack of institutional support.Now,in the context of a new round of land rights reform and the compilation of the civil code,we have the opportunity to make up for the shortcomings of the property law,bring about substantial changes to collective land rights,and promote the circulation of the right to use collective construction land to the market.This paper is mainly divided into six chapters:The first chapter mainly defines the related concepts and theories such as "collective construction land","collective construction land use right","circulation" and "same land,same right and same price".The second chapter is divided into three parts.The second part elaborates the promotion of the policy of collective construction land use right and the exploration of the pilot work of transfer in various regions.The third part summarizes the practical obstacles in the transfer practice.The third chapter expounds the legal obstacles of transfer from the theoretical level,which mainly come from the lack of unified system design between national laws and local regulations and the lack of private law attribute of collective land ownership.The fourth chapter expounds the necessity of the construction of the civil code of the right to the use of collective construction land from the two aspects of the real right approach of the allocation of land resources market and the regret of the "property law" on the provision of the right to the use of collective construction land.The fifth chapter is the strategy of constructing the civil code of collective construction land use right.This chapter is divided into three parts.The second part is the property of collective right to use construction land in the "real right compilation" of civil code.The third part classifies and standardizes three different collective construction lands.The sixth chapter describes the perfection of other supporting measures which exist in practice but cannot be solved in the civil code compilation.