Research on the Legal Dispute in the Transfer of Rural Collective Construction Land

摘要

The transfer of rural collective construction land is increasing in this year, but the legal dispute is added at the same time because of the lack of laws supporting the transfer of rural collective construction land. This paper analyzed some cases of the legal dispute about the transfer of rural collective construction land, found the reasons, point out that the different nature of land transfer contract should be distinguished, the relations between judicial power and executive power should be correctly understood, the national policies should be accurately grasped and making efforts to achieve the uniform of social effects and legal effects when dealing with such legal disputes. To improve the transfer of the rural collective construction land and decrease the legal dispute, the “Land Management Law” should be amended as soon as possible, transferred benefits should be distributed reasonably and the democratic rights of the villagers should be implemented.