Study On System Of The Real Right Of Land Resource

The land resourse is the foundation of the human survival and the development,how reasonable effective use is the question which various countries institute faces together.The land resourse real right legal regime is playing the significant role in promoting land resource's effective use and establishing reasonable anticipated standard and incentive mechanism for market economy system aspects.This article utilizes the real right theory to the land resourse carry on the real right construction. Carried positive exploration to land system's reform direction and the trend of development, proposed tentative plan to the land resource real right system construction.Attempted to carry on the real right system to standard and consume the proprietary right, real right for usufruct, security interest. In the discussion of this dissertation.First, it analyzed its feasibility and necessity to the land resourse real right; Secondly, it constructed the theory to the land resourse real right system; Next, it summarized existence question of our country land system; Finally, according to the principals of establishing the real right of land established the new land system. Otherwise, the basic framework of the land resourse real right construction should include the proprietorship, the usufruct and the security interest of collective land. For the proprietary right, national land and collective land scope should be made certain, strengthen realizes the land resourse proprietary, the scope and conditions for the country takes over for use the land should be limited strictly, strengthened collective land employment right. For the land usufruct, carries on the real right reform to the land contracting right of management, established the land social security the overall plan. For the security interest, expands the scope of the mortgage object, permits redundant mortgage.This article take the reality of laws theory as the reference, makes the limits from the land resourse real right's range of study.On the basis of existing land resource development use in our country, analysed and transformed the land system existence's question to construct our country actual land resourse real right system.With social economy's development, the unreasonable factor is also relying day after day in the present land system's, for example, the vacancy of rural land ownership, incomplete of the property rights power, lacks of the reasonable land right of management circulation mechanism, the extremely low expense and take-over of land for use or levies compensating and the vacancy of the rural social safeguards system and so on, it is restricting the barrier factor which our country social stability and the further economy develop. As to the existing problems, the author also raised its special recommendations on clear about the land ownership main body, advanced land resourse right of use real right,limited land expropriation or collection scope and the strengthened of the protection for those farmers who have lost their land and on the basis of the synthesis of the above-mentions problems system, proposed the legislation suggest of constructing the Chinese land real right system's conception and the related land real right system.