On Legal Issues On Circulation Of Use Right To Rural Collective Construction Land

For a long time,due to the dual structure of land ownership,urban and rural land ownership are not equal and the rural collective land development right is ignored.Urban-rural land market is segmented and void seriously.The subject of the rural collective land ownership is not clear and the power is not complete.The scope of subject and object of the rural collective construction land are strictly restricted,so as to the the transfer and use.The transfer of rural collective construction land has an important role on protecting the land right an interests of the rural collective,promoting intensive utilization of land an Urban-rural integration.The Decision on Major Issues Concerning Comprehensively Deepening Reforms has been adopted at the close of the Third Plenary Session of the 18th CPC Central Committee,putting forward to establish a unified urban-rural construction land market.The rural collective construction land market reform restarts.Focusing on the transfer of usage right to rural collective construction land,this thesis puts forward an research:set up body of usage right of rural collective construction land-qualified body of usage right of rural collective construction land——the scope of object of usage right of rural collective construction land permitted to be transfer——the mechanism of transfer of rural collective construction land.This thesis discusses four basic issues.In the first part,on the clarity of set up body of usage right of rural collective construction land,this thesis emphasizes the significance of the clarity of set-up body of usage right of rural collective construction land,defines the subject of collective land ownership,and demonstrates the legitimacy,the necessity and the feasibility of transforming the subject of collective land ownership to be a corporate.This thesis supposes to establish the governance and operation mechanism of the subject of collective land ownership in the form of rural community shareholding cooperative,and defines the internal authorization process to set up t usage right of rural collective construction land.In the second part,this thesis discusses issue of qualified body of usage right of rural collective construction land.The rural commercial collective construction land should be permitted to open to all kinds of market body equally.In ensuring the member’ right of original obtaining the land use right to house sites,it should allow qualified members to transfer right to the use of house site under supervision according to law to all kinds of market body again.This thesis advocate the transfer of the public welfare collective construction land use rights in accordance with democratic resolution and use control.In the third part,this thesis discusses issue of the scope of object of usage right of rural collective construction land permitted to be transfer.This thesis advocate that the scope of object permitted to be transfer should include the collective construction land and house siteIn the forth part,this thesis discusses issue of the establishment of the mechanism of the transfer of the right to the rural collective construction land.This thesis defines the four transfer goals:the direct goal,the effective goal,the bottom line and the optimization goal.This thesis also defines the five transfer principles:equality,effectiveness,fairness,science and the bottom line.In distinguishing the transfer market level,it advocates to adopt the administrative licensing mode to carry out original transfer of right to rural collective construction land and to adopt liberalism to carry out the circulation.It advocates to adopt the administrative licensing mode to carry out original obtaining and the circulation of the right to the use of house site.This thesis discusses the methods and process of the circulation of the right to rural collective construction land.