Research On Legal Problems Of Land Development Right

Land development right is the right to develop the land(including the nature of land use change and improve land use intensity), which is a Independent property be separated from land ownership, the purpose of the right is to allocation, coordination and protection of interest. With the development of society and economy, allocation, coordination and protection the land development interest which from land development must be set by means of land development right. Introduction and conclusion of this article to remove a total of six chapters, Systematic demonstration the legal issues about practice patterns of land development right, the basic theory of land development right and land development right to set and achieve.Land development right in history has gone through three stages, namely the embryonic stage, the formation stage and stage of development. There are three major land development right practice models, namely the state-owned land development right patterns(UK), the privately-owned land development right model(the United States, Japan, Italy, Japan, etc.) and the state and private share land development right mode(France).The legal nature of land development right can order from three dimensions to inspect,on the dimension of power and right, land development right is a right; on the dimension of private right and public right, the Land development right is a private right; on the dimension of new property right and the traditional property right, the land development right is a new property right. Progressive layers in three dimensions, reveals the full legal nature of land development rights, namely land development right is an independent new property right,which is rich in the traditional property system.Land development right can be deconstructed from the subject, object, and content. Land development right as a property right, the subject can be state or private, because the legal nature of land development right can not change by different subjects. Land development right as a property, its object is the capacity to develop land, "thing" on Modern Property Law has exceeded the boundaries of "things must have the body", and the emerge of nature forces, space, electronic money, virtual property, emergence of environmental capacity, knowledge products has made civil law "thing" breakthrough of the 20 th century standard of classical physics. The content of land development right divided the rights and obligations of land development right of people, the former includes positive rights(possession, use, and disposal gains) and negative rights(return the original,exclusion claims on prejudice and eliminate the risk of other things), the latter includes public obligations(to pay real estate taxes and tolerate restrictions on public law, etc.) and private obligations(as an obligation and not as an obligation).China has the need to set up land development right,which can be interpreted from the following areas: distribution and protection of the land development interests of the(value-added benefits), protect farmers’ rights, addressing the conflicts of land expropriation, protection of arable land, to make up for lack of current land management system, respond to and meet the needs of our local practice, giving farmers more property rights, increase farmers’ property incomes, and promote resource conservation land intensive use, as well as to improve the system of land rights. China has the feasibility of set land development right,which can be interpreted from the following areas: the reform and development of the CPC Central Committee has policy guidelines, extraterritorial practical experience to draw upon, our local practice of land development right for reference, in line with the development about theory of land rights and property law general laws, research scholars provide the necessary theoretical argument theory, as well as legislation to set space right can provide useful reference.Principles of setting land development right should be followed, uphold fairness and efficiency of the dialectical unity,include the land development right in the property law system(including property substantive law system and Property procedural law system), and match to our current system. The ownership of Land development right of land should be vested in people. Ownership of land development right determines the ownership of Land value-added benefits,which is the first level of distribution land value-added benefits, this level based on property and completed by market transaction; the second level of the distribution land value-added benefits is is based on tax system,this level based on fairness and justice, and completion by the National imposition; the third level of the distribution land value-added benefits is based on charitable distribution system,this level based on ethics and moral system, and completion by social donations.Land development right can be achieved through Internal operation mechanism and external coordination mechanisms. Because the land ownership is divided into national land ownership and collective land ownership, and thus, the internal operation mechanism can be broken down into two areas, the achieve of land development rights on state-owned land and the achieve of land development rights on collective land ownership. External coordination mechanism to achieve our land development rights, mainly through coordination land development right and land use control, land development right and land use planning system, land development right and land acquisition system reform movements, land development right and the "small property room" legalization, etc. external relations to achieve.