On Legal System Of Land Use Regulation In China

This dissertation deals with relationship between the property rights and power of government regulationin land use disputes.Land use regulations are core terms in land administrative law.Land use regulations in China have been adopted nearly ten years.In this decade,the situations of the land use regulations have been drastically changed. So it is instructive and interesting of reconstructing this institution. In other words,as a protector of individual rights against other citizens,and as safeguard against excessive government interference, also as definer of individual rights in land,how can government balance and mediate the dual roles?Applying the method of economic analysis ,comparison,demonstration analysis,the author attempts to explore the above questions in depth and provide beneficial advices. Besides the preface,the full text consists of eight chapters.Chapter Two deals with the foudamental,but very important concepts: regulation, the cost and benefit of regulating;land use regulate;land tenants rights ;proposes the following target as :food safety;environment protection;guaranting of fair house and anti poverty;In third chapter,the author studies the base of land use regulations of philosophical and jurisprudene; and argue that the essence of land use regulations lies in the limit of individual property rights in land use processes;limits of individual rights in land use consists of deprive of property rights and limitation of taking substantial market value.If the burden with all citizens in community, government cannot compensate the loss of citizens fromunder.In fourth chapter, the author select four countries as comparion in land use regulation,and so get the advantages of land use controls :core roles of land administrative process; the authority of land use programming ;complex of means and multi roles of objects of land use regulation.In fifth chapter and sixth chapter,this dissertation studies the specific messures of the rural land and urban land in China mainland separately,and contends that in accordance with the quality and location of rural land government shall adopt the different measures in order to enhance the efficiency of land use process. In urban land,the author think government control maority of urban land ,so government have the power of contolling individual behavors of land use. Government can enhance the authority of land use programming,so differ the pulic use land and private use land,and control the shift of usage between them.Control the development density of urban land,sogovernment can prvent the negative externality in use of urban land.Whatever rural land or urban land ,land use regulation also limit benefit margin,government shall deal with the claim of inviduals while the conscience of title of individual has been arise. So this dissertion propose the dcvelopment rights can help to solve land use disputes.Illegal actions in land use process cannot be found instantly,and the negative results of illegal actions will have been hardly reverted,which lead to iilegal actions must be prevent in advance. Hence,it is vital to build the scientific system of obligation in land use regulation .After all ,the author propose the solution and perfection of property rights and land programming as conclusion of this dissertation .