Research On Rural Collective Construction Land Transfer Problem

In november 2013,The Decision on Major Issues Concerning Comprehensively Deepening Reforms of CPC(the Central Committee of the Communist Party of China)was adopted at the Third Plenary Session of the 18th CPC Central Committee pointed out:"the establishment of a unified urban and rural construction land market." Under the premise of according with the planning and use controlling,allowing rural collective management construction land transfer,lease,shares and the implementation of the same transfer of state-owned land with equal price and rights.So far,the regulation of collective management land transfer equivalent to state-owned land was written in the party's official document.However,the legal system of collective management construction land transfer is lagging behind.The legal system is internally inconsistent with each other and incompatible with real life needs,which hinders the development of the society.Therefore,to improve laws and regulations relevant to the collective management construction land transfer is imperative.This article uses documentary analysis,qualitative analysis and normative analysis to point out the main problem of the circulation of the profitable collective constructive land which exists the connection between the mechanism and policy of land management,the improvement of the collective land's property right,the equity of the sharing and predominate of profit and so on,started with the policy evolution and current situation of the profitable collective constructive land,and present the constructive countermeasures that we should expedite the modification of laws and regulations of the profitable collective constructive land's circulation and build a unified urban and rural profitable constructive purpose market.The whole text is divided into six parts:In the first part,It mainly introduces the research background that takes interests of collective measures about the exchange of construction land,its purpose,significance and research technique,etc.In the second part,It emphasises on its relevant conceptions.In the third part,It systematically states its legal system,the variational history of policy and current situation.In the fourth part,It introduces the condition of village on the district of Qingpu,Shanghai.In the fifth part,It analyzes the main issue of existing in the exchange of construction land.In the sixth part,It puts forward some relevant measure aiming at existing issue.In the last part,it is the conclusion of the full text.