Research On Urban Land Property System Based On Constitutional Norms

The land problems is of vital importance to the Dynasty successions in history,Also,it is a key links of the economical reform and the switcher time at present.At present,the contradiction and conflict adapted from land field exists widely,thus,it has caused the stress of social relations.The urban land property right institution gotten huge achievement after Reform and Opening,but during the Course of reform,the system defect were exposed gradually,which inclusion the fuzzy of land right,the land rights was deficiency stability and certainty,and the equity structure is unclear.those problems have negative effect on economic structure adjustment,system Constructing and land right guarantee.Under this background,this research's general targets are as follows :synthesis using discipline theory and computing technique of land resource,institutional economics,law analysis,urban economics and so on,based on the angle of view of social sciences analysis,discusses the concerned problems about Chinese urban land property right institution,sum up historical experience,reflecting the theoretical,in order to provide theoretical support and scientific evidence for the reform of urban land property right institution with the background of the rapid urbanization.In the detailed study,following the logic framework of urban land property right institution,and by employing theories of property rights and system vicissitude.Firstly,study the history of system vicissitude of urban land property right institution from a historical perspective,during this process,research the historical starting point and institutional structure change pattern of the system vicissitude,Review the differences of urban land property rights system in different stages of development,at the same time state the dynamic mechanism and change model of the changes of urban land property right institution;Secondly,based on the previous analysis,we will analysis the constitutional clause that "the land of the city belongs to the state".this part will start from the historical evolution of China's calendar constitution on the land ownership system,analyzes the legality of the tenth " Land in the cities is owned by the state" in the current constitution of China,then,we will expound and review the normative interpretation of this clause in the academic circles at the present stage.Thirdly,we will discussion the variations of urban land property right and the differences between the two kinds of urban land property rights in the process of fast urbanization.This part focuses on the theoretical logic and institutional choice of the collective land property rights reform in the process of urbanization;Fourthly,Based on the previous analysis,we will taking the plight of urban land property right system as the breakthrough point,we will study the problems left over by history of the changes in urban land property right institution,analyzing the conflict of right and structural imperfections of the urban land property right institution,then point that the property right structure of the “two-right separation ”would be difficult to meet the need that incommensurate already socioeconomic admits,and evoked some social problems;Then we analyzed the performance of urban land rights system,using the theory about evaluating of performance of new institutional economics,established the analytical framework of the performance of urban land rights system,then we drawled a conclusion of the performance of the urban land property right system after reform and opening up by analyzing the comprehensive macroeconomic data.Based on the above research,this paper systematically explores a new train of thought for the innovation in China's urban land institution,we focused on the constraints and reformation logic and basic goals of the innovation in China's urban land institution.Finally compose the mode of urban land property right system,with the land development rights as a basis.The main conclusions of this paper include:(1)After the founding of New China,the development of urban land property rights system is a single process of nationalization,and Eventually formed the urban land property rights structure,which was divided into two levels,the urban land ownership is the basic right layer,the right of use,mortgage and lease is for operating;(2)In 1982,the legal system of the constitution of the people's Republic of China was deliberately ambiguous,which had a profound impact on the land ownership of the urban built-up areas,and also had a significant impact on the land rights of the newly built urban areas;(3)At present,the arrangement of urban land property rights system has to some extent reached the goal set by the government,but the negative impact is also obvious;(4)The prerequisite for the selection and change of urban land property right system is insist on the public nature of urban land,and the basic logic of its transformation is to release the power and to assign the actual power to the specific rights under the premise of recognizing the original ownership.the value orientation of the reform of the urban land property right system lies in insisting on the improvement of Kaldor-Hicks.