Legal Research On The Transference Of Right To The Use Of Rural Collective Construction Land

The fourth plenary session of the18th Communist Party of China (CPC) Central Committee put forward the police that establish a unified market between city and countryside on the land for construction and establish a specific system. The use of rural collective construction land is one of the most important content in economic reform. Because of the hysteresis of method and transference process is not blameless. With interest temptation,many illicit phenomenon repeat,such illicit expropriation and using of transference. Dispute on land has become the import interference fact in rural existing law,farmers own little right on land,property on land is not clear,transference is blocked. Improve the circulation system on land,regulate their circulation mode and assign benefit impartially,promoting rural development and social stability. This is an urgent problem to be solved on the collective construction land.This thesis is divided into four parts,the first part is introduction and analysis about related concepts on transference of right to the use of rural collective construction land and the form of transference in our country. Next,author analysis the theoretical foundation about transference of right to the use of rural collective construction land,providing evidence to policy and reform,and analysis the theoretical basis and practical significance.In the second part,author gives an example about Beijing to analysis current situation,such as the mode, feature and application of transference. Use the actual case to analysis the current situation about pilot areas in China and existing problems. According to the case,the author make a foundation to analysis the below content.In the third part,author summed up the existing problems on the transference of right to the use of rural collective construction land, with resolving the mode and system on transference in nowadays. The conclusion on problems is clear,such as property right on land is not clear,missing law on transference and market system is imperfect.In the last part,author put forward proposal on improving the system of transference of right to the use of rural collective construction land,and analysis seriously the method on improving the system. It includes clearing the land ownership dominant position,improving the legal system on land transferring,and establishing a unified construction land market.