Comparative Study On Land Transfer Legal System

As the main provider of human food - the importance of land for human self-evident. In fact, the land also provide accommodation for people carrying and as a function of the main arena of the people. According to Marx and Engels’s theory, land is the main agricultural production. How rational allocation and use of land to determine the reasonableness of the relations of production, which determines the level of productivity. When the relations of production does not meet the time requirements of the development of productive forces, will be eliminated by productivity. From China thousands of years of history, the demands on land reform have become the key incentives and change the outcome. Fact that not only China, the United States history also shows a similar situation. American Civil War is one of the incentives the federal government decided the newly developed land is no longer allocated to the production of human slavery. Other Western countries such as France, Britain, Germany, Russia, Italy, the history of all verification with the above assertion in the past quite a long period of time is correct.Accordance with the "Republic of China Land Management Law" stipulates that part of the People’s Republic belong to the state part of the land owned by collectives. But modern society by the separation of ownership and use of production makes use of more flexible and efficient. On the one hand the normal give farmers long-term land use rights and promote the farmers for agricultural production initiatives; the other hand, farmers can subcontract, lease, loan, exchange, transfer, shares, etc. of land use right, which ensure that land use flexibility. But the Government has been concerned about the rural land of the political, security function, the relative neglect of its economic function, the nature of property. Therefore, the land of "exchange value" will not be able to achieve well. This early stage of development in China has established is reasonable, but after the economic function of land to play, play to maximize their effectiveness and achieve real economic reform in China, must walk the road of agricultural land transfer. This thesis is divided into seven chapters:The first chapter is an overview of the legal system of land transfer, land transfer in China to write this chapter in the history of the evolution of the law, the Chinese legal system, the status of land transfer and the characteristics of the Chinese legal system, land transfer issues and in particular the conclusion of this chapter, a summary induction.ChapterⅡof the EU legal system of land transfer overview of the EU to write this chapter in the history of land transfer legal evolution of the EU the status of land transfer and the characteristics of the legal system, legal system of the EU land transfer legal analysis and empirical analysis, the EU land transfer the special problems of the legal system and the conclusion of this chapter gives a summary.The third chapter is the German legal system, an overview of the land transfer, land of Germany wrote a chapter in the history of the evolution of the legal transfer, the German legal system of land transfer status and characteristics of the German legal system of land transfer legal analysis and empirical analysis, the German land transfer law the special problems of the system and to summarize the conclusion of this chapter.ChapterⅣis a British overview of the legal system of land transfer, this chapter was the British legal system of land transfer historical evolution, the British legal system, the status of land transfer and features of the British legal system of land transfer legal analysis and empirical analysis, British Land Transfer the special problems of the legal system and to summarize the conclusion of this chapter.The fifth chapter is the French legal system of land transfer overview chapter written by the French legal system of land transfer history of the evolution of the French legal system of land transfer status and characteristics of the French legal system of land transfer legal analysis and empirical analysis, the French land transfer the special problems of the legal system and to summarize the conclusion of this chapter.ChapterⅤis the U.S. legal system, an overview of the land transfer, this chapter of the United States land transfer to write the history of the evolution of the legal system, the United States the status of land transfer and the characteristics of the legal system, the U.S. legal system, land transfer legal analysis and empirical analysis, the United States land transfer the special problems of the legal system and to summarize the conclusion of this chapter.ChapterⅦis the Comparison of the system, the article concludes. Only rationalize the existing land system reform, it can only play the role of the land’s political and security, and economic role played by land.