Study On The Circulation Of Rural Collective Constructional Land Employment Right

The reform of the circulation of rural collective constructional land employment right is very important for the construction of new socialist countryside, and the efficiency of resources disposition and the agriculture production. But, the land legislation and policy had many restrictions in the circulation. Such conduction ignored the object demand, made against the socialism market economy. So it was significant to constitute the system of the circulation of collective-owned land. It would impel the development of the land legislation; protect the farmer's rights and interests; insure social stabilization.In the first part of this paper, the themes of the research and relative concepts, such as rural collective constructional land, rural collective constructional land employment right and the circulation of rural collective constructional land employment right, are clearly defined. Then, the major forms of the circulation of rural collective constructional land employment right and related laws are analyzed. It is pointed out that the circulation of rural collective constructional land employment right is strictly restricted. Though the government has relaxed the policy for collective constructional land entering market circulation, but it is still not perfect both on system and law.The second part analyzes the actuality and the problems of the circulation of rural collective constructional land employment right, and points out that the policy of the government monopolized the first level of land markets deprives farmer's right of land development, on the other hand, the collective constructional land massive hiding enters the market. Therefore, in order to protect the litigant's legitimate rights and interests, the law must acknowledge and regulate the land circulation behavior and make it legally.In the third part, we conclude the experiences of "Wuhu Pattern" and "Suzhou Pattern" on the circulation of rural collective constructional land employment right and get some revelations. It is pointed that the success the experiment units not only proves that the rural collective constructional land can not only circulate or enter the market, but also points out that the countryside land system reform must orient to the direction of free circulation of rural collective constructional land.Finally, we point out that the law must allow of the collective constructional land employment right to enter the market to circulate, in conform to the land utilization plan and under the land use control premise. For this purpose, the law making should refer to the experience of state-owned land market construction, to define the range and subject of circulation, make sure the circulation program, supervise strictly the distribution of the income of circulation, build reasonable register system of circulation, and reform the assistant system of the circulation system of collective constructional land, such as collective land property rights system, the land levy system, and land use management system etc.