Research On The Circulation System Of The Right To Use Collective Construction Land

The right to use collective construction land refers to the right of farmers collectively and individually to use collective-owned land for non-agricultural production and construction according to law.The current law of our country strictly restricts the circulation of collective construction land into the market,resulting in a large number of collective construction land being wasted or sold at a low price or entering the market in private,seriously undermining the land system and land order of our country.The Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Deepening of Reform,adopted at the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China,proposes to implement the market transfer of collectively operated construction land,which is "the same place,the same right and the same price" as state-owned construction land.In Jiangsu,Suzhou,Anhui,Wuhu,Sichuan and Chengdu,pilot reforms have been carried out to explore the conditions,scope,procedures and income distribution system of collective construction land use right through strengthening land property rights management,implementing minimum price protection system and setting up village councils.However,it still reflects such problems as limited scope of circulation,irregular circulation procedures,low market participation and difficult protection of farmers' property rights and interests.The pilot reform provides valuable empirical data for the construction of collective construction land use right transfer system.China should learn from the excellent experience of other developed countries and regions in land system transfer,take the construction of a unified land transfer market as the goal,follow the principles of voluntary,fair and equal,economical and intensive,urban and rural co-ordination,clarify the main body of collective construction land use right transfer,enrich the types of collective construction land use right transfer,and improve the collective construction land use right transfer.The contents of the contract,the optimization of the procedures for the transfer of collective construction land use rights,the coordination of the distribution of income from the transfer of collective construction land,and the improvement of the dispute settlement system for the transfer of collective construction land use rights.At the same time,through the strict implementation of land use control system,cadastral management system,urban and rural construction land increase and decrease linked system,rural social security system and other supporting systems,strengthen the supervision and management of collective construction land use right transfer process,strengthen the illegal implementation of collective construction land use right transfer responsibility investigation system.