Pondering On The Conversion Of Collective Land

The acceleration of urbanization as well as the scale and intensive management needs of agricultural, needs to enhence the convertion of collective land intensely.Academia has done a lot to this;they generally considered to speed up the convertion of collective land, by not only lifting restrictions of the law on the transfer of collective land, but also by innovacating the ways of the convertion of collective land.However, the convertion of collective land has also brought many problems,which threats the collective land system.The convertion of collective Land refers to the transfer of land rights as well as the flow between different economic entities,including the transfer of collective land ownership and the transafer of collective land use right; The former refers to the land acquisition and the latter can be divided into the transfer of construction land use right and the transfer of farmland use right.The process of the transfer of collective land ownership is interferenced by state power excessively,which resulted in the absence of the behalf of land ownership,over-cultivated land,low transfer price and unfair income distribution;illegal transfer and non-standard procedures emerged in the transfer of collective land use right. These issues will affect the function of the realization of collective land ownership.As a way to achieve land ownership, Collective land system is still one of the basic system that we must adherence to for a long term;the system has a strong social security functions, political functions and the protection function of fairness.Collective land ownership as the realization of collective land right on the legal form can be defined to a new total ownership.The convertion system of collective land is efficiency-oriented,and pursues economic value. Clearly, the conversion of collective land conflicts with collective land system on the function and value.In particular, the compulsory and the limited compensation of land acquisition is inconsistent with the private-right charecter of collective land ownership and the social security function of collective land system.The transfer of collective construction land use right pursues economic efficiency, ignores the social security function of land,creates inequality easily, and can bring a series of deep problems and other issues,which will affect the function of collective land system.Focusing on short-term economic interests and over pursuit of efficiency,the transfer of property nature right——land contract assignment and mortgage which is easy to neglect fairness is also conflict to the equal value of collective land ownership.Based on the protection of collective land system, the convertion collective land should be limited.Therefore, we should do the following things:first,regulate or restrict the convertion of all the current methods of collective land;second,clear the standard of "public interesf"to strengthen the control of land acquisition;third, take the attitude that prohibits the transfer of collective construction land use right unless the law explicitly stipulates that the land can be transferred;the last one,to the transfer of collective agricultural land use rights,we should adhere to the principle that fair is prior to efficiency and the process is voluntary,legally and the full compensation. And we should also selecte or innovate the transfer mode of land contractual management carefully.