A Study On The Transfer Of The Collective Construction Land

Since the founding of the nation, the dual structure of urban and rural land based on ownership has led to the separation of land legislation and practice. State-owned land and collective land respectively formed a relatively independent systemSince the1980s, the market of China’s state-owned land use right in the urban area was gradually formed and steadily specified, but the reformation of the collective land hardly has any progress. In the context of the land value has become increasingly prominent, the transfer of collective land use rights faces a contradictory dilemma between the under-developed legal framework and the value realization of production factors.As required by the market economy, the flow of production factors is irreversible. Local governments in some regions with faster economic development attempted to practice collective land transfer. Through continuous exploration, most of these places acquired successful experience which conforms to the laws of market economy development and can be standardized regulatory as well.This paper took the stock collective construction land use rights transfer as the research object. Through expounding and defining the relevant concepts, formed the theoretical basis of collective construction land use right transfer. Then divided the historical background and evolution into several stages. As for the practice for collective construction land use right transfer, this paper took Suzhou and Guangdong for examples, analyzed their legislation and management practices, and raised the outlook for the development of construction land use right transfer.In this paper, the methods of the specification analysis, historical analysis and the empirical analysis are used. By describing the macro legal framework and background, try to theoretically analyze the inherent laws; by summarizing each historical stage, study the objective process; by exploring a typical perspective, summarize the commonness, emphasis and differences, and finally draw the conclusions and put forward outlook.