Research On The Transferring Of The Use Right Of Collective Construction Land For Commercial Purpose

The establishment of a legal system for the transfer of collective construction land use rights has perfected the legal power of collective construction land,demonstrated the principle of equal protection of property rights,solved the already existing objective legality of collective operational construction land transfer,and regulated The orderly and chaotic“implicit circulation” also declared the legal rights of the farmers ’collectives and collective members during the circulation process,forming a“ power to enter the market ”against the“ power expropriation ”power restriction pattern and containing the alienation of the land expropriation system.However,there are still difficulties in areas such as "the vacancy of the main body of the market entry","the constitutionality of the market entry","the scope of the object of market entry" and the "distribution of the income from the market entry circulation",which need to be further improved.This article discusses the improvement measures of the collective right to use construction land use right transfer system from three levels,including:First,transfer the subject level.The transfer subject of the initial transfer is clear,but there is no need to reform the rural collective market-oriented(that is,the rural collective legal person),but to establish a scientific collective asset escrow system,and collectively build the collective economic organization into the implementation subject of the market entry behavior.According to the collective will of the collective members,the collective economic construction land use rights are created for the collective economic organizations through the farmers ’collectives,and the land ownership and use rights are separated in the initial stage of circulation.In addition,clarify the rights and obligations between the collective members and the rural collective,and clarify that the collective members should realize the legitimate rights and interests of the circulation process through the membership rights.Second,transfer the object level.Emphasize that the nature of usufructuary rights of the right to use collectively-owned construction land is clarified by means of law revision.Restrictionism is adopted for the explanation of “urban land state ownership”.By improving the collective land “generalized nationalization” system,the collective ownership of urban land is avoided by farmers,and the purity of urban land is guaranteed.Coordinate conflicts with the land expropriation system and conditionally give rural collectives priority to enter the market.Improve the land development right of collectively-operated construction land and correctly understand the purpose of operational transfer.Third,the level of circulation income distribution.Coordinate the internal and external distribution relations of circulation income,emphasizing the fairness of circulation incomeamong the state,collectives and individuals and the justice of the distribution form of circulation income.The state should share the value-added benefits of land use rights in the form of taxes,and strictly restrict the use of income to rural development,to ensure that the government ’s legitimacy of circulation income runs through fiscal revenue and expenditure;establish a unified basic regulation of internal distribution of circulation income The space for villagers ’self-government is reserved,and the differential development of rural collectives is realized within a normative framework.