On Rural Collective Land Registration In China

This paper is based on the theory of property rights and the theory of real right. The paper uses the theory of property rights and the theory of real right to analysis the collective land registration in rural area of mainland in China. The problems and defects of rural collective land registration are discussed by the paper, and some suggestion how to improve the system of collective land registration is given by the paper. The thesis is divided into seven sections.Chapter 1. This section discusses the importance of research on the collective land register, research background and the purpose. The summarization of literatures related to this study is listed in this part.Chapter 2. The theories which are related with this research are presented in this chapter: the theory or real rights and the theory of property rights. Based on the fore-goings, the three systems of land register are analyzed and contrasted. This part makes an analysis of defects and feature of the system of land registration in mainland of China. Moreover, this part discusses the choice of the effectiveness institutions of land register system in China.Chapter 3. This part analyses the land rights in mainland of China. The collective land property, land tenure and other right over land are illuminated in this part. This chapter analysis the structure of rural collective land rights and brings forward advise on the division of land rights and the collective land right setting.Chapter 4. This chapter focuses on registration of the rural collective land ownership. The paper lists the importance of collective land ownership registration and the key problems. Subsequently, this part makes detailed analysis on land right investigation, land register announcement as well as land use registration.Chapter 5. This chapter focuses on the land use right register. The paper makes it clear that carrying out the collective land tenure registration completely is important and imperious, and that there are difficulties in carrying out the collective land use right register. In this chapter, the issue on registration of land use right of building land and agricultural land is given an overall analysis. This part also discusses announcement of the register of land use change and contents of land use right in countryside of China.Chapter 6. The 6th part of the thesis makes focus on the registration of otherrights over collective land. The paper gives detailed analyses on 3 kinds of other rights over collective land : land mortgage, land lease right and easement. The current constitution and problems of the registration of the there kinds of other right over collective land, according to above study, the paper try to seek how to establish and improve the system of other right over collective land.Chapter 7. The 7th of the paper discusses the criteria to determine the cadastral and the compilation of cadastral, and the problem or cadastral map is also discussed in this part.