Research On The Legal Issues Concerning The Transfer Of The Right To Use Collectively-run Construction Land

At the Third Plenary Session of the 18th CPC Central Committee,the "Decision of the Central Committee of the CPC Central Committee on Comprehensively Deepening the Reform of Certain Major Issues" proposed under the background of the era of permitting the use of collectively-operated construction land to enter into market transactions and enjoy the same price and rights as state-owned land.How to make the right of use land for collective operation be properly transfered,There are still many debates.This article tries to explore it from the perspective of law,combining theory with practice,with a view to its overall system construction.In addition to the introduction and conclusion,this article is divided into five parts for discussion.The first part is related to the concept and the theoretical basis of the circulation of the right to use collective operational construction land.First,it introduces the concept of the right to use land for collective operational construction land,the right to use the collective construction land and the so-called circulation.And then analyzes the four aspects of the property right theory,which are the principle of equality of ownership,the theory of institutional change,the dual characteristics of the land,private benefit and public welfare.From the theoretical level,i's obvious that the circulation of collective operational land has sufficient theoretical basis,it has many restrictions on the circulation compared with the state-owned construction land,it is unreasonable.The second part is the legal dilemma and its origin of the circulation of the right to use rural collective construction land.As far as the right to use operational collective construction land under the current legal system is concerned,not only the right to use collectively operational construction land and the upper concept of collective construction land use rights are unclear in legal nature,but its circulation has not been generally recognized.The various chaos in the real situation are the best evidence of this,and it is followed by an analysis of the legal causes of the dilemma.The third part examines the status quo of the transfer of the right to use collectively-oxwned construction land into the market,and examines the typical pilots in reform practice--Suzhou,Jiangsu,Wuhu,Anhui,Nanhai,Guangdong,and Shunde,and sorts out and compares its circulation patterns.Analyze the limitations of current local experience and draw lessons from them.The fourth part is to eliminate the legal obstacles to the circulation of the right to use collective operational construction land and to improve the circulation rules.For the proper circulation of the right to use collectively-owned construction land,first of all,the legal obstacles faced by the transfer of the right to use the collective-owned operational construction land must be eliminated.Secondly,the specific rules for the transfer of the right to use collective operational construction land should be established,which mainly includes the subject of the exercise of rights,the scope of circulation,the main forms,and the uses and circulation procedures after the transfer.The fifth part is about the improvement of related supporting systems for the transfer of the right to use collective operational construction land.The overall improvement of a circulation rule requires the support of related supporting systems.Therefore,this part proposes to perfect the collective operational land registration system,land planning system,land expropriation system,land circulation income distribution system,so as to build a perfect collective operation land use right circulation system.