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Analysis About Ownership And Transfer Of Farm Land

Posted on:2005-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:L P WangFull Text:PDF
GTID:2156360125962121Subject:Agricultural Economics and Management
Abstract/Summary:PDF Full Text Request
With the development of economic structure reform, the content of rural land authority has become richer ,the measures and scope of the rural land exchange have been raised. What has been existed in theoretical study , legislation and practice is how to found an evenhanded and rational rum[ land right and exchange system.The Chinese mare land right and exchange system is designated in this article, the practical measures are raised either which profitably share the experience of the real right theory in science of civil law in continental law system, rent theory in economics and land price theory in science of land .These points have also been connected with new achievement in Chinese real right theory study and some experiments in rural area .Historic systematic and comparative analytic ways are adopted here.In this article, the limit based on the means of production stated owned or collective owned has been broken ,Not only the land collective owned but also the cultivated land ,wood land and pasture the stated owned used by peasants are taken together to found a multifaceted , terrified system within the static right and dynamic exchange of the rural land. This article raised its points as follows: first, the essential law factors. The status of a subject must be confirmed by !aw, and delegates should be elected. Second, the object factors. The object is considered as property in action in Civil Law system, its scope should be expanded to the real right and profit. Third, the basic right over the property of another should be concluded. The rural land authority that is similar with the one in continental law system has been divided into two categories: law of' property and right over the property of another. The later concludes tic usufruct and the warranty deed, and its categories are raised here too. It is suggested that right over the property of another and usufruct should be used in legislation, the superficies, radial servitude in Civil Law should be clarified, the standard of rural land authority should match with what has been prescribed in Real Estate Administration Law A first market - parallel market – tripe market system is set up in exchange system. The first market concludes the sell, rent, evaluation and holding shares of the right over the property of another. The parallel market concludes conveyance and hire. The tripe market concludes the mortgage of it, The exchange of land authority can adopt the means of agreement, inviting bids and auction, the definite ways and intentions of its time limit, price are also raised.In practical factors, coordinated reform is put forward. First, reform the requisition of land, reduce the use scope of state owned land, clarify the concept of "public welfare", if beyond it, use the means of stat, purchase. Second, enforce the share fight direction of rural land. Third, strengthen ibc arrangement of land register to guarantee its safe in exchange. Forth, set up and improve the social security system. Last, consummate the household registration system.
Keywords/Search Tags:rural land, fight, exchange
PDF Full Text Request
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