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Study On The Assignment System Of The Right To The Use Of State-Owned Urban Land In China

Posted on:2015-01-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:X J HuFull Text:PDF
GTID:1266330428482684Subject:Basic principles of Marxism
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The advent of the assignment of the right to the use of state-owned land is the outcome of the reform on the paid use of land system, and this reform is done under the background of China’s basic national state and social system, and has changed the traditional mode of free land-use developed under the previous planed economy. The new system has played a significant role in the use of land in China. However, many problems still come out. Recent years have witnessed the abnormal rise of the land transferring fees becomes the most important revenues of local governments. Many local governments and the real estate developers share such an interest that forced demolitions and evictions could be seen here and there, and the corruption scandals in land transfer are not unusual, hence, a number of social conflicts appear. The fact that governments run the business of land transfer not only lead to the soaring of housing price, but impair the rational assignment of the right to the use of state-owned land, what’s worse, social economic goals and the plan on the public ownership of land for this reason could hardly be realized. Considering of the above mentioned, it is pressing in theory and practice to make a good study of assignment system of the right to the use of state-owned land, the way it operates, and the mechanism governments use to run the land.This thesis is based on the science of civil law and the land ownership system in our country, and focuses on the study of the assignment system of the right to the use of urban land and related issues. Using the science of law and Marxism theory, the thesis analyses problems in land transfer by government via study on the assignment of the right to the use of land, and relationships among different parties. Methods like study on practice and provisions, analysis, and economics are adopted here to shed light on the mechanism and flaws of land transfer system, and to propose suitable legal solutions. By doing so, the author hopes her efforts could help governments develop the mentality of civil-rights protection in real estate business, and uphold public ownership in real sense.This thesis includes seven chapters.The surface part is about the background of this study and why the author chooses the subject. Here related academic views at home and abroad are reviewed and remarked, and research methods, ideas, innovative points and shortcoming are briefed.From the chapter1to chapter3, The aforesaid three chapters could help readers learn the theoretical and legal bases, and structure of rights on China’s assignment system of the right to the use of land, hence, serve as the cornerstone of the whole thesis, namely, the public land ownership, the assignment contract, and the right to the use of construction land are analyzed. China’s assignment system of the right to the use of land is based upon the public land ownership. To understand the theoretical basis of China’s public land ownership, legislative process and the route to realize the legal ideal prospect, in fact, is critical to have a clear picture on the above said assignment system and the ultimate goal of establish this system. That is what the chapter1talks about. It is important to know the content, nature and signing of the assignment contract of the right to the use of land, as it could help maintain a harmonious assignment practice and restrain local governments from going too far in the land transfer. That is all about the chapter2.In Chapter3, the way to acquire the rights to the use of construction land, validity and registry mechanism are described. The aforesaid three chapters could help readers learn the theoretical and legal bases, and structure of rights on China’s assignment system of the right to the use of land, hence, serve as the cornerstone of the whole thesis.Having clarified the basic theory of the assignment system, Chapter4goes into details about the use of land-transferring fees and the issue of government management of land. The author first describes issues like the land-transferring fees, its management and distribution, The thesis points out the fundamental characteristic of China’s real estate market is runned by local governments. Recent years have seen the land-transferring fees become major fiscal revenue of local governments. The consequence is that the land-transferring fees have gone up for years while housing prices nationwide soar. People’s demand for socialism land rights and local governments’ pursuit of land related revenues contradicts, so a series of social problems arise and social conflicts deepen. Based upon the aforesaid elaboration, thesis uses North Paradox in economics to analyze the role local governments play in the land transferring, and reach a conclusion that local governments have dual characteristics, ie, government person and economic person. The author suggests non-profit mentality should be adopted to restrain governments’behavior and role in land transfer.Chapter5sets forth rational legal solutions to the assignment system itself and related rules and regulations, and presents some preliminary thoughts on the reform of government management of land.The last part is the conclusion for the whole thesis.
Keywords/Search Tags:right to the use of land, state-owned, assignment, publicland ownership, government management of land, rules and regulatio
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