Research On Land Development Right

Land development right is one new composite land right in adjusting of the three-dimensional,dynamic and incremental legal relationship in land-use and management activities.Although it's not been included in land right laws and norms system yet,there are lots of legal issues of land development right in the operation in land use and management practices.This paper aiming at researching on land development right,firstly research on its formation and development from legal right level through comparative law perspective,and reveal its legal position and legal status in aspects of land law,especially in property law.And then research on its running and protecting system from general theory of real estate right,and propose a number of legal system constructing and prefect of Chinese land development rights thoughts at last,in order to complete the academic argument of land development rights from right level to system level and theoretical level to practical level.Based on foregoing purposes,Except introduction,this paper is divided into four chapters for:Chapter I:Generation of Land Development Rights.The generation and development of land development rights is a legal process referring to land development rights which is an independent legal property right gradually derivates and runs and changes in its connotation,properties,structure and institution in the activities of land dynamic,space,incremental utilization trend.As a theoretical concept of land development rights,it initially raised by land management law expert of the United States.As the civil right form of land development rights already actually existed and independently operated in the U.S.land-use and management activities in previous.The Generation of land development right,both the theoretical innovation of real property law and helps to improve the real properties system,and new development in the field of land rights and helps to promote land use and management system reform.This chapter starts with the relationship between generation of land development right and real property system,also the impacts on the latter from theoretical analysis.And then comparatively introduces and analyzes land development rights home and abroad,aiming from a dual-dimensional comprehensive both history and global perspective to present system of land development rights profiles.This chapter begins with exploring origin and meaning theoretical aspects of land development rights,and then analysis legal reasons of the generation of land development rights.Then discusses the start-up phase of the morphological characteristics of land development rights,and last arguments the affect of generation of land development rights on legal issues of reconstruction of system of real property.Chapter ?:Development of Land Development Rights.The development of land development rights is a legal process referring to land development rights which is an independent legal property right gradually derivates and runs and changes in its connotation,properties,structure and institution in the activities of every form of land dynamic,space,incremental utilization trend.This chapter begins with the analysis of foreign combing with the development process of land development rights and context,will be divided into primary privatization,individual patterns,intermediate and advanced property nationalization mode patterns,and focus on the meaning of various modes of argumentation mechanism.This is the focus of this chapter.Then induction and analysis of the pattern of land development rights development types and characteristics,the last from the perspective of comparative law and foreign land development rights development path and logic.Chapter ?:Legal Nature of Land Development Rights.The legal status and legal position of land development rights are both independent and a pair of associated areas.The legal status of land development rights includes two aspects of legal nature and force rank.The legal position specifically refers to the connotation and denotation of land development rights.Using basic theory of property law,from two dimensions both the outer parts of the band and the internal structure of land development rights,discussing some relevant questions on Status and Position of land development rights.This chapter argues that land development rights is not one kind of usufructuary,but a new kind of independent civilian properties.And land development rights also has dual attributes both a quasi-property right and a economic law right.Land development rights is an independent property rights.Land development rights by law because of the limitations of property rights with the public,partly meet prospective property attributes.Chapter ?:Right Structure of Land Development Rights.Right structure of land development right includes subject,object and content of the legal relationships alike general property rights.Through analysis the structure of land development right,one can help to deepen understanding of private property attributes,more importantly for our land legal system construction activity that land development rights provides foundation.This chapter in accordance with the general logic of property rights constructed from the subject,object and content of the three elements of property development rights.The subject of land development rights in our country includes the owner body,the user body and manager body of the three categories.The object of land development rights is developmental interests.The contents of land development rights on land dynamic,three-dimensional and incremental use of value-added income arising on the management and allocation of complex legal relationship.Chapter ?:Restrict by Public Law on Land Development Rights.Due to many restrictions by public law on land development rights,it has distinctive attributes of public right.This chapter will first explore for the right mix of public and private property of the land development rights and analysis field and influence of public law intended to limit the land development rights.And then expounded the theoretical level quasi-property elements of the legal structure of meaning,particularly highlights its public law and private rights essential mandate dual characteristics,and thus as a standard,to analysis the meeting point between land development rights and the theory of quasi-property,including development fitting,comparative fitting,public rights fitting,object specificity fitting and analogy fitting.Finally both the specific reference to certain types of quasi-property right structure to try to land development rights deconstruct quasi-property structure.Concluded that the land development rights is a restricted property by public law,to a certain extent the rights of prospective property features and content.Chapter VI:Construction of Land Development Rights System of China.Land rights needs legal systems to protect,not only for static rights,both also for dynamic rights.As a new kind of real property,land development rights reflects new trend of dynamic,three-dimensional and incremental legal relationship,it must improve its implementation mechanism to needs to play its function.This chapter first describes the background of land use and management system changes,then analyses in law some existing significant land development rights system in practice from state-owned land to rural collective land,at last build and perfect the system of land development rights with its through progressive and decentralized ideas.Chapter VII:Implementation Theory:the Realization of Land Development Rights and its Remedies.As an independent kind of civilian properties,land development right runs in the ordinary course of its legal system and land rights system.When it or they is or are infringed by other homogeneous or heterogeneous rights,it also rely to property remedies problems.This chapter is divided into two sections both implementations and remedies.The first section is divided into five sub-arguments:proceeding from the extraterritorial implementation pattern of land development rights firstly,and then build daily operational mechanism from three dimensions which include government and market,central and local(upper and lower),laws and policies.The third sub-arguments which argues the whole process of the creation,assignment,assignment,transferring,withdrawing,changing,realizing and elimination within the land development right.The fourth argument discusses the external mechanisms of achieving institution of land development right.The fifth sub-argument discusses legal norms and institutional guarantees of land development rights.In section of Remedies,is divided into horizontal folk remedies,administrative remedies and judicial remedies system of land development rights in advance and vertical prevention which includes beforehand prevention,matter-in negation and afterwards solution.