Improvement Of The Legal System Of Collective Commercial Construction Land Transfer

For a long time,farmers’ land autonomy has been strictly limited,and the land value-added income can not be satisfied.The revision of the Land Administration Law of the People’s Republic of China in 2019 marks the establishment of the transfer system for collective commercial construction land(CCCL).The concept of CCCL transfer is a process in which the farmer collective is the subject of the transfer and the collective-owned land planned for profit-oriented use is the object,and the right to use construction land is established for others through bidding,auction and hanging transactions.During the period of dual land system,farmers lacked the way to independently obtain land value-added income,so the illegal use of collective land was frequent driven by economic interests.In order to reduce the illegal use of collective land,meet the interests of farmers and the demand of the external land market,and break the government’s monopoly on the construction land market,it is necessary to establish the transfer system for collective profit-oriented construction.First,clarify the concept and theoretical basis of CCCL Through the definition of construction land,collective profit-making construction land,land circulation and other related concepts,the concept of collective profit-making construction land transfer is defined,and the characteristics of the transfer system are analyzed.The theoretical basis of the establishment of the system is analyzed from four aspects:protecting farmers’ land rights and interests,providing legal transfer channels,market demand and internal interest appeal,and diversified construction land market.Secondly,it analyzes the legislative status,summarizes the existing problems in the legal system,and summarizes the causes of the problems,combined with the pilot before the revision of the Land Management Law and the implementation of the revised system.Finally,in view of the concrete and the causes of the problems,put forward the clear transfer subject status and the choice of the implementation of the main,clear collective voting procedures,improve the land transfer price,establish a unified urban and rural land transaction system,improve the land income distribution system and other relevant countermeasures.To ensure the smooth progress of rural land reform,ensure the implementation of CCCL transfer system.