18. Legal Issues in Rural Land Circulation

Abstract

At present, basic land ownership structure on Chinese rural land is based on collective land ownership, there are important rural land property rights, including rural land contracted management rights, the right to the use of house site, and the right to the use of land in collective construction, and so on. The law does not allow circulation of collective land ownership, therefore, legal issues on the rural land circulation are manifested in the circulation problem on land contracted management rights, on the right to the use of house site, as well as on the right to use of land in collective construction. Based on improving the foundation of rural land real estate registration system, the existing rule that land contracted management rights are changed immediately after both parties sign transfer/exchange contract may be altered into one which integrates the transfer/exchange contract with change in registration of land contracted management rights. Keywords:Chinese rural land circulation; collective land ownership; Company Law; landregistration system; Property Law