Research On The Legal System Of Land Transfer For Collective Commercial Construction

Land is one of the most precious resources in our country,and it has occupied an extremely important position since ancient times.With the rapid economic growth,the state-owned construction land resources are becoming increasingly tense,which obviously cannot meet the needs of development,but the collective has a vast amount of undeveloped land resources,so it gradually enters people’s field of vision and starts "invisible circulation." In order to relieve land pressure and regulate the collective land transfer market,my country revised the Land Management Law(hereinafter referred to as the New Land Management Law)in 2019 to clarify the legal status of collectively-run construction land and grant it access to the land transaction market for circulation Qualifications.The transfer of collective operating construction land use rights is an important way to establish usufructuary rights in the market.The nature and content of the legal system are not described too much,and there is a lack of mature transfer procedures and distribution systems.This article has a certain understanding of the transfer background and scholars’ viewpoints by combing and studying the concepts and theoretical foundations.Then,starting from practice,we selected representative policy texts from 18 regions,and carried out a comprehensive comparative analysis from the subject of the transfer,the object of the transfer,the process of the transfer,and the distribution of the proceeds of the transfer,so as to discover the remaining problems.After that,select the three aspects of collective land ownership,the relationship between expropriation and market entry,and the analysis of government positioning as the starting point for in-depth analysis.Finally,starting from the problem,make suggestions on the improvement of the transfer system.Some of the suggestions are as follows: gradually establish a transfer subject with collective economic organizations as the core,limit the scope of transfer implementation subjects,expand the transfer scope to "incremental land use",the government to balance revenue through taxation,and set a minimum percentage of collective retention,etc.Although there are many problems with the collective management construction land transfer system,the emergence of a system to its perfection is a process of constantly summing up experience and drawing lessons.With the improvement of relevant legal systems,restrictions on market circulation will gradually become less,and farmers’ collectives will also gain real benefits.