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Research Of Russian Land Rights

Posted on:2014-01-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:B GongFull Text:PDF
GTID:1226330398967908Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The reform of political history and economic history in Russia is always comingalong with agrarian reform from ancient Ross period to the former Soviet Union periodand the modern period. In the present age the Russia land right legislation changes toachieve privatizing ownership of the land and private land rights effectively. Thisproducts concomitant land right systems including private ownership (civil ownership,legal person ownership), municipal ownership and national ownership (federalownership, federal subject ownership). Diversity and equality has been the basiccharacter of Russia land right. At the same time, legislation endows different values,powers and functions to diverse types of land right which promotes private ownershipand municipal ownership.Confined to land right legislation history, Russian Federation Land Right in forcebecome a combinative law with private and government which play a important role inadjusting land utilization relationships. Oppositely legislation takes a lower position.Civil and legal person use government ownership and municipal ownership presentunsystematic development and transitive characters which products completely diversesystems in different history process. Russian Federal Civil Code in1994establishedlegislation about inherits occupation and permanent right of use which was benefit togovernment ownership and municipal ownership. Land Right Code publish in2001,usufruct has been compressed greatly. Land lease had became the most basic andimportant utility pattern. Practice shows that legal relationship of land use simplificationcannot effectively satisfy the citizens, legal persons with long-term and stable landrights.Currently, in the Russian civil code under the catalysis of modernization, landrights legislation to adjust pattern by dual adjustment, the current land legislation and civil legislation to by the civil code of Russian federation exclusive adjustment. To relyon the real right system, construct land rights system of organic connection,construction and permanent possession of land rights as the main model of landproperty rights. Priority to the development of the land rights legislation changes fromland belonging to the land utilization.In the increasingly close economic and trade cooperation between China andRussia, and Russia has failed to significantly improve the investment environmentbackground, the use of Russia’s land law risk assessment should be essential for Chineseinvestors in decision analysis. Although different path with the Russian land reform inour country, but the common point of the transformation process and land state-ownedmonopoly of the same historical background decided we could contrast each other.Legislation in our country should further strengthen and reveal the basic attributes ofland rights private, reforming land rights in the legislative norms such as landadministration law, and all transplanted to the property law (or the future civil code), topromote state-owned land ownership and the substantive equality of collective landownership, to further broaden the market of Land usufruct right circulation space.
Keywords/Search Tags:Russia, Land rights, Real construction, Civil code revision, Developmentdirection
PDF Full Text Request
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