The Probe Into Some Problems Concerned With Chinese Urban Land Property Right Institution

In the market-oriented society, the institution of property right provides the necessary premise and basis for the formation and development of the market by regulating the possession and domination of property. Distinct land property right is the basic premise of land market transaction. Nowadays in Chinese theoretical field, concerned concepts about property right are used badly ?And the land property institution and categories are also not consistent. All this leads to the cavity of land property right management and earnings allocation in the reality. Therefore, it is very important to study Chinese urban land property right and its institution.This thesis with four parts discusses the concerned problems about Chinese urban land property right institution. Part I introduces many distinct viewpoints about the definition of property right and the framework of land property right and presents the author's own viewpoint. The author argues that property right is the total appellation of all kinds of rights concerned about possessions and that land property right is a bunch of property rights founded on the basis of land substantial right theory. On the basis of the above analyses, the thesis studies the five features and the definition of the clear and distinct land property rights. Part II expounds and analysis some existing problems in the Chinese urban land property right institution. These problems includes the disordered land property right relationship, land property installation that does not apply to the development need in the realistic society, the real lacking of urban land possession subject, the blur relation between land property right and house property, and so on. Part III introduces the land property right research conditions at home and outwards. Firstly, the thesis introduces the land property right institution in the Rome law and USA. Secondly, it analyses the emphasis and tendency of Chinese research in urban land property right. Nowadays, there are two tendencies in the theoretical field: transiting the center from possession to exploiting, adding the ground property right and abolishing the selling institution of land using right. Part IV puts forward somemeasures to regulate Chinese urban land property right institution from both the theory and the realistic operation. These theories mainly includes relocating the status and impact of land possession right and other rights, establishing urban land property right institution based on the ground right, enlarging the categories of urban land property right especially the exploiting right and making the land exploiting develop towards the space and stereoscopic. There are the following aspects from the realistic operation: conforming the legal representative of urban state-owned land possession right - state-owned land management organs, perfecting the regulation institution of land property right market, managing the economic benefit relation between the central government and regional government well and founding the justified land earnings allocation institution, perfecting land evaluation and ascertaining the land using right price and other property right traction price, and so on.