The law of rural land system has been regularly amended on the basis of continuous reform. But there is an imbalance of development between different types of land because a series of reform achievements such as the market entry of business construction land and the“separation of three rights”of contracted land have been brought into legeistation， but the public welfare construction land is seldom involved in legislation or touched upon when amending the law. The beginning of the right to use the establishment of collective public welfare construction land has Chinese characteristics， which not only contains the essence of double “public” ， but also reflects the attribute of “common”. It guarantees farmers’ survival and development welfare， maintains the rural area public order and good customs， and promotes the rational use of collective land. It is necessary to promote the innovation and perfection of the property right system by constructing the legal right to use the land for collective public welfare construction. And systematic collective public welfare construction land use right should have a clear right subject， clear object scope， complete right content and standard use period in order to effectively play the due function.