2013Journal of Zhejiang Sci-Tech UniversityRequires access

Research on Legal Issues of Collective Construction Land Transfer in Zhejiang

Xing Yi-jin

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Abstract

Existing law holds the attitude of strictly restraining the transfer of collective construction land use right.However,exceptional cases are specified in law.Such exception can allow the transfer of current collective construction land use right to have legal possibility.Zhejiang is carrying out reform and innovation of the transfer of collective land use right in full swing,but meanwhile worries about the legality without legal basis.Therefore,it is urgent for Zhejiang to establish local regulations to protect the reform and innovation of the transfer of collective land use right in Zhejiang.This paper uses the Management Method of Transfer of Collective Construction Land Use Right in Guangdong for reference and makes suggestions on the improvement of legal system of collective construction land transfer in Zhejiang:standardize the relationship of use right transfer of collective construction land and state land,define the subject personality of collective land ownership,guarantee the land property right of peasants in transfer income distribution and attempt to improve the legal system of collective construction land transfer in Zhejiang with the thinking of joint-stock system reform of rural collective land.

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What this paper is about

Existing law holds the attitude of strictly restraining the transfer of collective construction land use right.However,exceptional cases are specified in law.Such exception can allow the transfer of current collective construction land use right to have legal possibility.Zhejiang is carrying out reform and innovation of the transfer of collective land use right in full swing,but meanwhile worries about the legality without legal basis.Therefore,it is urgent for Zhejiang to establish local regulations to protect the reform and innovation of the transfer of collective land use right in Zhejiang.This paper uses the Management Method of Transfer of Collective Construction Land Use Right in Guangdong for reference and makes suggestions on the improvement of legal system of collective construction land transfer in Zhejiang:standardize the relationship of use right transfer of collective construction land and state land,define the subject personality of collective land ownership,guarantee the land property right of peasants in transfer income distribution and attempt to improve the legal system of collective construction land transfer in Zhejiang with the thinking of joint-stock system reform of rural collective land.

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Available abstract

Existing law holds the attitude of strictly restraining the transfer of collective construction land use right.However,exceptional cases are specified in law.Such exception can allow the transfer of current collective construction land use right to have legal possibility.Zhejiang is carrying out reform and innovation of the transfer of collective land use right in full swing,but meanwhile worries about the legality without legal basis.Therefore,it is urgent for Zhejiang to establish local regulations to protect the reform and innovation of the transfer of collective land use right in Zhejiang.This paper uses the Management Method of Transfer of Collective Construction Land Use Right in Guangdong for reference and makes suggestions on the improvement of legal system of collective construction land transfer in Zhejiang:standardize the relationship of use right transfer of collective construction land and state land,define the subject personality of collective land ownership,guarantee the land property right of peasants in transfer income distribution and attempt to improve the legal system of collective construction land transfer in Zhejiang with the thinking of joint-stock system reform of rural collective land.

Key concepts: Principle of legality, Common ownership, Business, Law and economics, Land tenure, Economic system, Law, Economics

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