The Legal System Of Collective Construction Land Use Right Circulation

China in the period of Urbanization, urban construction land are bound to need a lot of support, there must be a large number of rural collective land into the building, our current law, if the use of collective land for construction, must first be levied for the state. There is a big model shortcoming in the land itself, a simple reform of the levy system itself can't solve the existing problems caused by collection system, on the other hand, the current legal system does not allow collective construction land use right transfer directly into the market, but In practice, flow phenomena abound. To solve these problems, we should completely change the present mode of land supply for a large number of non-public nature of demand for construction land, the collective farmers should be allowed to retain under the premise of land ownership transfer, etc. directly to the transfer of the collective construction land use rights, collective land and state-owned land to achieve the "same place, same price, same rights." After the reform, the scope of strictly limited to land within the public interest; a large number of non-use of public welfare needs of the collective construction land, the manner by direct transfer to be met, the collection of system reform and collective construction land use right transfer system, the ultimate success necessary to the success of the other conditions.Allowed to flow directly into the market not only the necessity but also feasible. Collective construction land market circulation of collective land ownership is conducive to the equal protection; is conducive to meet the needs of the city to make it possible to narrow the scope of land requisition; be conducive to safeguarding the legitimate rights and interests of farmers; conducive to resolving the land rights due to abuse of the system; benefit solve the problems caused by invisible flow; help to optimize the allocation of land resources and norms of collective land use order. Although strictly the existing legal system of collective construction land use right circulation market, but "the Constitution", "Land Management Law" and the circulation of the provisions of the policy left a certain space; the lessons learned over the past decade as a pilot country Construction of a formal circulation system currently provides the practical experience of reserves; By recognizing the legality of the circulation and its practices, and supporting systems for the construction and improvement of the collective construction land use rights to allow direct circulation of the stock market is not only necessary but also feasible.In order to adapt to the rapid development of market economy under the current collective construction land use right circulation needs, the key is to establish and improve a specific system. Improve and perfect the existing system of collective land ownership, which is the collective construction land use right circulation of the premise, to insist on collective land ownership and set the owner of the rural collective construction land; to build the collective construction land use right circulation of the legal system, improve laws and legal system, a clear scope of collective construction land and conditions of use after a clear flow, improve the allocation of land revenue adjustment mechanism; to further improve the land acquisition system, so for collective construction land use right circulation complementary in scope to the collective direct intervention in the market value of land for construction as a reference collection established compensation standards; to improve the management and supervision system, and supporting systems for collective construction land to provide a solid legal protection, so that the collective construction land use right circulation from the "invisible" to the specification, ultimately protect the interests of the majority of farmers.