Research On Rural Collective Construction Land Transfer

Rural collective construction land transfer is an inevitable choice to optimize the allocation of land resources in the process of China’s urbanization. It has played a significant role in many aspects involving rigidly protecting arable land, accelerating the development of rural economy, and increasing farmers’income from property. However, at present, there are still a lot of vague understanding of China’s rural collective construction land especially in terms of related legal system and practical land use. What’s more, the property right of collective construction land doesn’t enjoy fair treatment in the land market. Deals under the table and unreasonable phenomena are very common. The issue of rural collective construction land transfer needs to be studied in depth.The thesis selected Jiangshan Town in Ningbo City as a typical study area and conducted elaborate field survey, revealing the property right structural characteristics of rural collective construction land as well as its function and position in construction land use and management. Based on the principles of structure optimization and layout adjustment of construction land, the thesis makes an analysis of the types and operation mechanisms of land replacement of rural collective construction land. It also discusses the interest formation mechanism in rural collective construction land transfer. From the perspectives of clarifying land property right, reasonably using land and fairly allocating profits, the thesis explains the direction and approaches of the implementation and management reform of rural collective construction land transfer.The content of the thesis includes:(1) According to the practices of rural collective construction land transfer and the need of land management reform, the thesis proposes the research topic, expounds the purpose and significance of studying rural collective construction land transfer, defines key issues and technical methods for the study, and forms a framework for thesis writing.(2) A comprehensive review of related researches on land transfer and Chinese rural collective construction land transfer from both home and abroad provides the foundation of this study. The thesis summarizes previous research achievements regarding rural collective construction land transfer and raises questions for further in-depth study.(3) The thesis focuses on the analysis of land property right. On the basis of field survey, the thesis specifies the realistic basis and reform direction of collective land, reveals the property right structural characteristics of rural collective construction land and problems in use, puts forward the principles, conditions and methods for reasonable rights establishment and transfer of rural collective construction land, explores the rationality of executing equal price and rights of the same state-owned land and collective construction land and the implementation conditions for doing so.(4) The thesis makes a specific analysis of land replacement. It analyzes the importance of location in optimizing the allocation of construction land. It shows the types, objectives and principles of land replacement and constructs six operating mechanisms of land replacement. By constructing the evaluation index system and potential measurement model of land replacement, the case study of Jiangshan Town explores its theoretical potential and actual potential of land replacement.(5) The thesis carries out an in-depth analysis on the issue of land profit. Based on an overview of transfer profit, the thesis explores the allocation subjects, allocation ratio and implementation mechanism of transfer profit. Through constructing a matter-element model, the thesis evaluates and analyzes different levels of transfer profit.(6) From the macro and micro point of view, the thesis proposes general policy suggestions and concrete reform measures for rural collective construction land transfer.The innovation of this thesis may lie in:(1) In terms of land property right, through a typical area survey, the thesis reveals the property right structural characteristics, problems in use, and spatial distribution characteristics of rural collective construction land; demonstrates that currently, rural collective construction land occupies an important position in urban construction land; points out that rights establishment of rural collective construction land should pay attention to the source legitimacy of rural collective construction land. Besides, it points out that it is important to properly handle conflicts due to unbalanced allocation of rural collective construction land use rights, and that the adjustment of land ownership is conducive to the scale management and layout optimization of land. Unbalanced allocation of collective construction land property right is likely to cause wealth gap, and if handled improperly, it will affect the efficient utilization of rural collective construction land and the harmonious development of rural society. The study on the issue of executing equal price and rights of the same state-owned land and collective construction land illuminates the reform and development directions of collective land system, and offers support and grounds for the marketing of collective construction land.(2) In terms of land replacement, the thesis points out that land replacement is the manifestation of rural collective construction land transfer. It analyzes that location plays a decisive role in gaining differential profits from rural collective construction land. It builds six operating mechanisms of land replacement. On the basis of surveyed statistics in Jiangshan Town, Ningbo City, the thesis builds a measure model of land replacement potential, and performs a quantitative research into natural, economic, social, ecological, policy and other factors that restrict land replacement potential based on the platform of Arcgis, thus providing a scientific basis and realization methods for the reasonable transfer of rural collective construction land.(3) In terms of land profit, by introducing a key monitoring mechanism, the thesis builds an implementation mechanism of profit allocation, and re-designs the institution of profits allocation. By introducing the matter-element evaluation method in mathematical analysis, the thesis constructs a matter-element evaluation model of transfer profit of rural collective construction land, and adopts the quantitative approach in evaluating the differential levels of transfer profit.