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Correcting Of Allocated Land-use Right

Posted on:2014-05-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z Y WeiFull Text:PDF
GTID:1266330401477919Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The ownership and usage for land could cross-tabbed to four types aspublic-owned and public usage, public-owned and privative usage, privatively-ownedand public usage, privatively-owned and privatively usage. Whereas lands in chinaare all belong to state, that is the state-owned land institution. Which still divided intwo categories by the ownership, the state-owned land in city and the collectively(agricultural village)-owned land in the countryside.Before reform and opening policy in late1970’s, all industries and economicactivities are planed economy. State government made plans to cover almost alldomain of economic activities, the results are every kind of commodity, everymanufacturing and consuming, support and demand in free market where the pricemechanism will condition automatically, are all vanished, It is the reason by adoptingthe communist ideology that all properties belong to society and be used by common.Thus, private economic institution ended, all lands usage and activities above arepurely for public. So as state will zone land for some specific affair and arranged it toan authority or bureaucratic part, Just because the reason for every thing is public, theland used for the specific aim as well, it wouldn’t charge any cost, and would last aslong as authority’s decree, also non-tradable. Such land usage right derivate from state-owned land in china is called “allocated land-use right”. Which was the onlytype of land usage right in planed economy time.After reform and opening policy in late1970’s, china changed most of the planedeconomy system into free market. National enterprise began to earn much more thanwhat the bureaucratic mandated, employees wouldn’t be paid with no difference, mostof them tried to work hard to make more by their premium from additionalachievement. With large difference from past, these reward could belong to private,whatever to person or other entity. Besides, for the reason to attract foreign capita andtechnology that the country needed, government started to allocated land to somechina-foreign joint-enterprise as investment. It changed the situation for free land costpolicy in planed economy time. Therefore, china took a new strategy for the usage ofland. It contained the characters of tradable, mortgaged, rentable, commercial use, tothe extent of what the western country has processed for hundred years. This kind of anew land usage right is called “assigned land-use right“. However, the late allocatedland-use right was still there, it quickly aroused some contradiction between these twokinds of land-use rights. Every unit who used the allocated one, tried their best totransferred the land to commercial aim or other progressive utilities because the costof allocated land-right is zero. This twisted way of land-use right undermined thepublic feature and charity characteristic, and unequally for any unit to pay leaserentals. It still resulted some local government corruption on the process of landleasing or allocating.This thesis deals with whole features and characteristics, functions and purposesof the allocated land-use right, analysis and research the real and stereo type ofallocated one. It had induced four types of allocated land right, the usage of CCPoffice and government and troops, basic construction in city, public utilities, andnational enterprise. It also generalized three ways to correct the usage of allocated land, the first is for public and government use, it will not be charged any cost, anduntradeable, couldn’t mortgage. The second way to allocated land is for highlycommercialized usage like enterprise and company, partnership and other entity. Thefinal one is more complicated for depending on the way of what extent the publicutility will evolve.
Keywords/Search Tags:Allocated Land-use Right(China), Allocation of Land-use Right, Transferration of Land-use Right, State-Owned Land
PDF Full Text Request
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