| Giving peasants more property right and improving peasants’ individual property income are one of the main objectives of countries’ collective non-farming construction land marketing reform. Since 1990s,our country has began to explore the transfer of the using right of collective construction land, the value of collective construction land has become more clear, however, as for the limit of the law, collective construction land lacks the protection of the law; influenced by the institution of land property right, peasants’ right are harmed frequently; the unreasonable structure of land’s rent and tax and fee causes the phenomenon that collective construction land is over intervened by local government. This has to some extend hindered the process of the transfer reform of collective non-farming construction land and caused the chaos of land revenue distribution. Land benefits distribution is the main contend of the reform of collective non-farming construction land. The benefits distribution of the transfer of collective non-farming construction land is involved with the interest relationship of the central government, the local government, collective economic organization, peasants and users of the land. The form of the transfer benefits, the distribution of the surplus benefits of the land and the realization peasants’ property right have become the key point of the reform of land institution. So we should complete the law and keep going on the reform of land property right and build the mechanism of the distribution of surplus benefits of land, in this way our economic and society could have sustainable development and our society could be more stable. As for this, this article mainly study on the problem of the benefits distribution of the transfer of collective non-farming construction land at the reforming area. We study on the developing process of the collective non-farming construction land transfer and summarize the experience of collective operating construction land transfer at the reforming area. Based on the theory of land property, we analyze the problem in the revenue distribution of collective non-farming construction land transfer and try to find out the main reason for the chaos of land benefits distribution. We build the theory frame of the form of collective non-farming construction land benefits distribution to study on the relation of collective non-farming construction land benefits distribution. At the same time we empirically test on the way peasants choose on collective non-farming construction land benefits distribution. At last, based on the conclusions above, we point out the policy to complete the system of collective non-farming construction land benefits distribution. This article study on the questions above in six different area, the introductory theory, the conception, the theoretical basis and the main text. In the introductory theory, we review the background,the objective,the significance and the research overview of it, then we define the concept of some items, at last we explain the study frame, the source of data, the study method, the main contend and the innovation and insufficient of this article.The main text consists of six parts, the third part is about the law and policy and its analysis of collective non-farming construction land benefits distribution, it’s the origin of this article. The collective non-farming construction land benefits distribution institution has going through a complex process of institution change. This article stand on the point of historical eyesight to understand the knowledge of country land policy, analyze the collective non-farming construction land benefits distribution system carefully, analyze how the law and policy in different stage influence collective non-farming construction land benefits distribution, and evaluate the law of collective non-farming construction land benefits distribution and the problem in our policy with the current situation of collective non-farming construction land revenue distribution.The fourth analyzes the current situation of our country’s collective construction land transfer of use right. The analyses include the causes of collective construction land invisible transfer and the consequences of the transfer. In the content of collective construction land transfer under the reform experimentation, I want to focus on the object of collective construction land transfer under the reform experimentation, detail introduce patterns of collective construction land transfer, and through induction and summary, propose the successful experience and the main problems by collective construction land transfer under the reform experimentation.The fifth is the corepart of this paper, it is about the current situation of benefits distribution and its problems of collective construction land transfer under the reform experimentation. In the process of collective construction land transfer reform experimentation, the relevance of land benefits distribution mainly includes two levels, one is the external relevance, and the other is internal relevance. The external relevance of revenue distribution is among local government, farmers’ collective and land users, the internal relevance is between farmers’ collective or rural economic collective and individual farmer. In the process of land benefits distribute, although some regions have produced administrative rules to regularize the practices of it, there are still many problems. From the perspective of land rent, tax and fee to analyze current land benefits distribution, we found that the local government has continued the chaotic phenomenon in land rent, tax and fee of the state-owned construction land market. Because local government is not the owner of the collective land, the way it participate in land benefits distribution will undoubtedly be excessive intervention, moreover, in the collective internal benefits distribution, due to the impacts of collective internal benefits distribution mechanism is not perfect and the internal benefits distribution lack of supervision mechanism, rights and interests of farmers as the main body of land revenue distribution will be undermined at a different degree. In order to deeply analyze the problems, I want to combine the theory of land property rights, information asymmetry and public management to put forward four reasons. The cause of external benefits distribution is the ambiguous orientation of government functions, the causes of external benefits distribution are the inside imperfect of land ownership, farmers are in the position of informational disadvantage, the rural economic collective poorly organized and lack of supervision.The sixth chapter is the formation of collective management of construction land transfer benefits and benefits distribution relationship, and is the focus of this article. Discusses on the collective management of construction land market under the policy, on the subject of transfer, transfer programs, transfer benefits formation mechanism and possible mechanism of benefits distribution are discussed. Studies concluded that the collective management of construction land of the subject should be members of farmers’ collective, collective economic organizations should be for transferring the rights to act as a representative of the subject, while the villagers’Committee should be primarily responsible for guiding, monitoring acts of collective economic organizations. Transfer procedures, in order to ensure the rationality of land use, ensuring the fulfillment of State on land macro-control targets, initial transfer should be strict examination and approval, transfer should again to activate the secondary land market, decentralization of land to help create a good market environment. In addition, establish collective management of construction land transfer benefits formation mechanism, and the local governments, farmers and land users discusses the relationship between benefits distribution. Studies suggest that due to the policies of the land value should belong to the Government, while property rights transfer for the first time and again in the transfer of State-owned land for construction should be by reference to the way land tax levied in land distribution.The seventh for the collective of non-farming construction land research farmers willing to charge distribution.523 households obtained mainly using questionnaires, survey data, using logistic model, examines farmers choose collective non-farming of construction land use right transfer benefits distribution will, and analyses the main factors affecting their will; studies show that 34% farmers choose a one-time allocation of monetary compensation; 66% farmers chose the sustainability of dividends distributed way. Among them, the farmer’s age, educational level, stability of the collective bonuses, dividends accounted for a proportion of your benefits, household benefits for farmers choose collective management of construction land transfer benefits distribution showing a negative effect, having investment assets to farmers and village affairs evaluation choose collective operating of construction land transfer benefits distribution showing a positive effect.The eighth chapter to govern collective management of construction land benefits distribution mechanism study this chapter combines the results of the sixth and the seventh chapter presents principles of land benefits distribution, the general idea of land benefits distribution and improve the rational allocation of land revenue policy recommendations. Main point is that collective management of construction land is a kind of market behavior, only if authorized by law, and provide a system guarantee case, the collective management of construction land in order to smoothly push forward, to get appropriate protection for the rights of the subject of interest and balanced regulation of land benefits distribution can be achieved.
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