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Study Of Rural Land Rights

Posted on:2005-09-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y Y TaoFull Text:PDF
GTID:1116360125951777Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Estate system on countryside land in China includes mainly domestic contract liability system and the concrete estate right system. As for the domestic contract liability system, although we have to say that there are also many courses expected to be developed, it has been accomplished perfectly and, as for the latter one, we are expected to build the theory and research of country estate right system on land legally, which is the base for accomplishing property right system as well as the essence of property right law. Our applied law about country estate system holds the notion which includes: country estate belonging to country collectivity; state controlling the country estate anyway and; allotting the land to the peasants by domestic contract liability limited system in which peasants hold the usage right and state holds the property right of the estate. This system plays a significant role in protecting peasants' rights and interests. Yet it is not very satisfactory for implementing the land courses, many legislative person and professionals are trying best to finds some appropriate way to accomplish the law system about country estate and, in this paper, we will examine some issues about our land law including that: analyzing and comparing with the history and the reality of our land laws; Taking about some relative information from the economics; law theories and sociology and; Putting forward some suggestions.The goal of this discussion is to establish the property right law on land. To accomplish the lands law needs to establish a set of articles and items, which not only implicate many logical and technical thoughts but also a theorized and systematized process. During the establishing of the land law, we should define the legislation objective, land holder, property right, types and items of non-owner property right and, whether country collective members hold the rights and interests and if they can get the protection from the law.In addition the introduction?we will examine these issues with six parts as follows:I. Analyzing and comparing country land lawBy comparing and analyzing the land law of German, French, Japan, Italy, England and some other countries, we will come to the logical and factual cognition foundation established by the property right law. During this study and research, we find that thedifferent county has varied hetero-property right and the discussion keystone is that the influence from agriculture to land system. We consent that land should be private property, that is, the right for the land should be out of the state power, but belongs to the private person. The law ensures the private owner having the right to dominate their land and the it holds that the types and items describing the private owner's rights and interests will decide the types and items the land property right law. The land law also should embody the ideas as follows: Protecting the right and interests of land ownership has some distinguishing feature with inevitability and chanciness; Ensuring the dominant interests from the land by the land law has some advantage according to the economic, that means, it comes to decreasing cost and maintaining exchange safety, which shows the property right law is more rational than the creditor's rights; Each country might establish its own property tight law because of the property right law's character of opening, that is, property right law rooted the sociality, so the types and items of it also develop along with the social developing; At last, the land law should implicate that the essence of property right is the rights and interests under the law items. Country land estate system has association with the agriculture policies of the state. Although the ultimate goal of the country land system and agriculture policies is to prefect the rights and interests of peasants, the policies also be enslaved to the reality of the countryside condition; The association between the policies and the land system shows both the ways of peasants' rights and interests and t...
Keywords/Search Tags:Estate system on countryside land, domestic contract liability system, estate right system on country land, property right law, property right law on land, ownership right, hetero-property right, creditor's rights, Country land estate system
PDF Full Text Request
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