The Legal Issues Research Of Using Rights Transferring On Rural Collective Construction Land

According to the ownership of the land, construction sites can be divided into state-owned land for building and rural collectives construction sites. According to the principle of separation of land ownership and using rights, the right of using rural collective construction land transferring is that the unity of farmers and their members have behaviours of transferring to units and individuals to use. For the consideration of the protection of farmland, the country's grain security and national ecological safety, the implementation of China at this stage is the world's most strict land management policies, which will be decided at this stage, it is impossible for China's rural collective construction land to use rights to transfer system opening and closing .However, owing to the socialist market's rapid economic development, urbanization, accelerate the pace of industrialization, the demand for land has increased dramatically, leading to the present stage of rural collective construction land using rights of the illegal circulation of the growing and gradually formed a "stealth market ". Lack of regulating the circulation of many social problems, which requires China must quickly improve the land management system and related systems, resolve the conflict between people and land.This paper will be discussed on six parts: This paper introduces the background significance of the topic, domestic and foreign related research, and the main content of this paper(Part I). And then it described in detail the related concept of the rural collective construction land using rights of the circulation system (Part II). Then it introduces the state of China's current legal system of rural collective construction land using right of transferring ,including the specific provisions of existing laws and regulations and emerging social issues in the circulation ,points to the conflict between policy and the reality (Part III). In the fourth part, the paper has a in-depth analysis of China's strict land policy reasons.The fifth part analyzes the practice experience of China's local legislation.In the sixth part, it states the suggestion and design of improving the various land management system.