Current Situation And Countermeasures Of Collective Construction Land Transferability:a Case Study Of Haimen City

Reform of collective construction land institution has been stagnant. Although many local and regional pilot projects to try to reform, it is still not to meet the need of the current situation of rural practice completely. Since the restriction of state regulations, collective construction land transferability is limited. Collective construction land idle and low efficiency resulting in the transfer of state-owned construction land difficult to play an effective complementary role, while the hidden flows cause many social problems. Therefore, in both theory and practice, exploring how to reform and establish the transfer market system of rural collective construction land usage right, and gradually breaking the urban and rural land use system, to achieve reunification of the land use rights transfer system, not only can promote the use of collective construction land, do conducive to intensive use of land for construction, and protection of cultivated land, but also can meet the urgent need of the reality of China’s rural economic development, and improve the socialist market economy requirements and the effective regulation of the inevitable hidden transfer of land.This combination of theory and practice, based on a more comprehensive analysis and summary of the studies and practices of collective construction land transferability, the city of Haimen taken as an example, did a more comprehensive analysis on the collective construction land transferability, the study found:(1) The theories such as land rent and price, land supply and demand, transaction cost and institution transferability, has important significance on the practice and institution reform of collective construction land transferability. The transfer of collective land for construction currently in the number, size and surface area coverage was tend to growing, and China’s relevant laws and regulations for collective construction land transfer did not form a complete system. The actual management and operation of the process is not easy to grasp, not yet in place necessary reforms, which affect in the development of their practice in the legal system and management policy implications and so on.(2) In the8years from2002to2009, taken the transfer of collective construction land usage right as the main form of land transferability,512plots of land of345.47hectares, involving compensation, transfer payments and lease payments totaling258million yuan in the city of Haimen. The experiment in the city of Haimen, to a certain extent, protected the long-term livelihood of farmers whose land was expropriated, and achieved the same price and the same transaction market with the state-owned land in the same place. It makes a unified land market with the sense of open, fair and just possible, and makes the stock of land activated, and also promotes the intensive use of rural collective land.(3) The research shows that main problem in the collective construction land transferability in the city of Haimen is that there is lack of strong legal support, and land users and owners are with the sense of misgiving; all levels of governments impose more taxes over the land for construction, and the collection method is not scientific enough and the arrangements are not reasonable; there is no way to manage the collective land rights, so we must accelerate the development to adapt to the new situation of household management. In view of this, its policy recommendations should be considered:speeding up the introduction of "Jiangsu Province construction land use right transfer of collective management approach", to standardize the collective construction land market to provide strong legal support; developing " Transferability management of the usage right of collective land in Jiangsu province", with the laws and regulations for the reasonable allocation of collective land revenue provided; setting scientific taxes and its standards of usage and transfer rights of collective land; set taxes and fees over the maintain of collective construction land.