Research On The Legal System Of The Circulation Of The Use Rights Of Collective Construction Land Of Shenzhen City

Shenzhen city is the first highly urbanized areas in china. In Shenzhen more than 30 years of urban development, on the one hand is the rapid expansion of scale of the city, on the other hand is a large number of agricultural and ecological land has disappeared. Rapid urban expansion and a large number of agricultural ecological contradiction of land occupied, serious shortage of land supply, the prominent. Third Plenary Session of the CPC seventeen explicitly proposed the establishment of a unified construction land market, the Ministry of land and resources of Shenzhen was approved as the stock of the rural collective construction land directly into the market pilot. May 25,2012, known as the third and ten reforms "Shenzhen city land management system reform plan" (hereinafter referred to as the "plan") and officially announced. The program clear recent goals include sound system of land rights, clear the various types of land use rights, the right to obtain the conditions of subject and object, content and principle of distribution rights; improve the system of compensated use of land, the implementation of differentiated land supply and land management; improve the economical and intensive land use mechanism, the innovation of land development and utilization mechanism two. In January 18, 2013, Shenzhen issued "on the optimization of spatial allocation of resources to promote industrial restructuring and upgrading opinions" and six supporting documents (hereinafter referred to as "1+6"). According to the series of documents, the collective economic organizations without following the established syndrome to state-owned land regulations, as long as the clear up the existing land interests relationship, we can transfer of land. At the same time, the series of documents published two kinds of collective construction land transfer income distribution mode selection. Collective construction land market difficulties, finally opened a gap in Shenzhen. This article is in this background, through the analysis of development status and legislative status of the collective construction land of Shenzhen city circulation of the right to use, to explore the experience and deficiency, and then puts forward the perfection of the legal system of collective construction land use right transfer of Shenzhen city’s recommendations, and thus to improve the circulation system of right to use collective construction the accumulation of relevant experience with.In addition to the introduction and conclusion, is divided into four parts.The first part:discussed the basic theories of the collective construction land use rights. The second part:analysis of the legitimacy of the collective construction land use right transfer system. The third part:analyze the present situation of Shenzhen collective construction land use right transfer. The fourth part:put forward the concrete suggestions to perfect collective construction land use rights transfer legal system of shenzhen.