A Study On The Relationship Between Land Planning Right And Land Property Right

Land use in modern society is regulated in different levels. Many regulations are designed to coordinate the conflict between private interests and public interests. Regulation of land use is closely related to natural resources and social properties. In land use regulation systems, there are adjacent relations, easements and other systems, and land planning. Regulation of public and private law jointly play a coordinating function of a conflict of interest. Social changes led to the incentive Public Law Regulation transformation. Private negotiation between equal entities play an increasing important role. But as an important system of land use regulation, land planning can not be replaced. It is still important, we need to take seriously the land planning, the impact of land planning bring to property rights.This dissertation attempts to argue under public land law land planning participatory shape property rights. Land planning should has reasonable boundaries, and should build the body of statutory land use planning, legal procedures, statutory responsibility mechanism. In certain cases, the land-based resource property and property rights social obligations, land planning may reasonably limit land property rights. Restrictions on land property rights should comply with the principle of proportionality and the principle of equality. Excessive interference to land property rights leads to compensation.Some of the major topics of the introduction explain the origin, the value of the study, and research status of this topic, prospects for future research trends. In addition to research ideas, methods and structure of the dissertation were outlined.The first part is on land use regulation and land planning. The part is on public and private land regulation, the legitimacy of land planning, land planning generation cause, the power of the configuration and function expansion. We propose a theoretical framework for relations between land use planning and the right to property. This chapter thinks easements and other neighboring relations generated earlier than the regulation of public law. Private system is not sufficient to balance the conflict of interest regulations, so public law system intervenes in the land use in the implementation. They can complement each other to achieve the advantages of function. Reasons generated by land planning are that land resources is becoming increasingly scarcity and complex relationship of land use, to correct the externality, to compensate for the lack of private land use in relief, and the transformation of public authority functions. By observing system in practice land planning limits land property rights in certain circumstances, more importantly, shapes the property rights.The second chapter is on land property rights to land planning restrictions. The part is on different limit types of land rights, the constitutionality of the limits, legitimacy, the legal effect etc. Social obligations of property provides a theoretical basis. From the theory of law and economics, it is necessary that land planning intervene in property rights. By basic right limit path, we argue the scope of coverage of land property rights, land rights restrictions, and other legal effect.The third chapter, on the basis of land property rights limits, based on a study of the practice, argues land planning shaped land property rights, to improve the framework of relationships of land planning and land property rights. It focuses on the relationship between limitations and shapes, and the establishment of real property, and the deeper reasons for exploring the relationship between sovereignty and property rights. It discusses various types of land ownership and land use rights Shaping.The fourth chapter is on land planning compensation. It focuses on land planning leading to land property rights devaluation, including specific legal basis for the different types of land use planning compensation claims and judicial determination criteria in Germany and the United States. Germany considerate the expense of judicial determination as the main criteria, while the United States imposed regulatory taking as a judicial determination. Although the United States and Germany have different land systems, judicial philosophy and practice from China, but their judicial determination systems are references to China.The fifth chapter is on land planning and distributation of land value increments. It foucs on how to reasonablely distribute land value increments. It argues the theory of land development rights can not solve the problem of distributation of land value increments. It is important to improve the rational land value increments distribution system in the conversion of agricultural land and the circulation system of the collective construction land use right. And China should establish the return of land development benefits.The sixth chapter is on relationship coordination between land planning and property rights in China based on property rights protection. In China there is imbalance between land planning and land property. This dissertation made specific suggestions to coordinate the relationship between them.