Research On The Institution Of The Right To The Use Of The Site

The purpose of the real right legal system is to solve the problem of belongings and utilization of the proprietary right in society. With the establishment of the socialist market economy system in China, the development of the society needs a new Law of Rights over Things connecting with the modern civil law. In the Law of Rights over Things, the institution of the right to the use of the site, as the basic factors about the human being survival and development, is important. Here the right to the use of the site is that according the law, natural person, legal person and the other organizations have the rights to possess, use and earn the natural resources including the land, wood, grassland and so on which belong to the collective economic organizations or the country.Based on the analysis about the situation and the development of the right to the use of the site institution in the modern world, the first part of the thesis, to take the structure and influence of the right to the land use in Roman Law as the point of departure, attempts to understand the history evolution and development of the right to the use of the site in the civil law countries on the whole, and puts forward to having benefits to perfect the land use right institution in China. In the second part, the thesis mainly analyzes the present situation of the above-mentioned institution in China and points out its defects, which are in the following respects: the spirit, the system and the legislation, existing in the present situation and the study. Then, the thesis argues we should attempt to perfect the institution of the right to the use of the site in the legislation of the real right and propel to reform the system and renew the people's spirit. The last part, the most important part in this thesis, is about legislative thoughts of perfecting the institution of the right to the land use in China. The thesis suggests to discard the conception of the "right to the use of the site" and make several scientific and well-knit terms, such as surface right, usufruct, leasehold of countryside land and right-of-way replace it. That is order to perfect the institution of registration and transfer of right of the land in the legislation of the real right in China.