| The question of land circulation in the rural areas will be discussed as well as will be analyzed and stated from three different levels in this article. The first level, the classification of land circulation and the reason for illegal circulation of land in the rural areas will be analyzed and stated in the Chapter One of this article. The second level, two basic conditions for realization of land circulation legally will be involved in the Chapter Two of this artilcle. One condition is to affirm the subject of land ownership and the other condition is to re-confirm the representative of land ownership. The third level, several major questions of land circulation in the rural areas will be stated in the Chapter Three of this article, which are as follows: (1) the question of assignment of the right to the use of land , which based upon the right of operation of land contracted by peasants; (2) the question of land requisition; (3) the question of land for construction purposes.The outline of presentation for the above three levels can be seen as follows:1. The classification of land circulation and the reason for illegal circulation of land in the rural areasFrom the legal point, the land circulation is the transfer of civil rights, which can be seen from two different respects: (1) land ownership will not be changed, this includes two sides: (i) the assignment of part capacity of right to the use of land, which based upon the right of operation of land contracted by peasants; (ii) the assignment of land for construction purposes in the scope of land owned by collectives; (2) land ownership will be changed such as the land requisition.The major reason for illegal circulation of land in the rural areas is as follows: on the one hand, the right subject is in different grades and non-confirmation legally, and on the other hand, the right to the use of land take the place of the land ownership. Besides, the land right setup in the rural areas is un-complete and the substance of right is not very clear. 2. The basic safeguards for realization of land circulation legally in the rural areas According to the above reasons, the safeguards mentioned hereinbelow as follows: (1) Firstly, we should confirm the subject of land ownership in the rural areas. The landowner should be township(town) peasant collectives and/or villagers for collective ownership. The villagers' groups should be weaked as the sub-organization of the village collective economic organization or villagers' committee. (2) Secondly, the subject of land ownership should be legal person. Under the framework of The Constitutive Law of Villagers' Committee of The PRC, the authority of the villagers' committee should be strengthened, and the villagers' committee should be the enforcement agency for the villagers' meeting, the villagers' group should be the branch of the villagers' committee.3. The realization for circulation of land The land circulation based upon the the right of operation of land contracted by peasants.How to get the right of operation of land contracted by peasants will be mentioned here. This right which is the basic of the ciuculation should be seen as the right to use of land in urban districts, and should be definited as the concept of "ESTATE". Several forms of circulation will be listed here.The circulation of land requisition in the rural areas.The land requisition will bring more and more disadvantage, such as, the enlargement of the public purpose, breach of procedural law and unreasonable compensation. Furthermore, in order to restrict the scope of the land requisition, we should to (i) enumerate the scope and ttype of the public purpose; (ii) setup the system of assignment and/or transfer of land for construction purpose in the rural areas; and (iii) setup hearing system for compensation fees in requistitioning land. The circulation of land for construction purpose in the rural areas.The necessary for commercial use of land for construction purpose in the rural areas will be stated here. E... |
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