Research Of The Legal Issues About Original Acquisition Institution Of Right To Use State-owned Land

The thesis links with practice closely. The author analyses and researches the relevant legal issues about original acquisition institution of right to use state-owned land in our country.The thesis is consisted of 4 chapters:The first part is about concept \ contents \classification and legal features of right to use state-owned land; as well as the conception and history of original acquisition institution of right to use state-owned land. The author considers the right to use state-owned land is a usufruct of immovable property similar to right of superficies of traditional civil law. The contents of the right to use state-owned land is to possess\ use and enjoy state-owned land; According to the form of establishment, the right to use state-owned land can be divided into the right to use allocated land and the right to use granted land; According to the nature of use, it can be divided into right to use managerial land and right to use non-managerial land; the issue of original acquisition of right to use state-owned land is an issue about transfer of real right, it should comply with general principle on transfer of real right.The second part studies the allocation institution of right to use state-owned land, and analyses conception and legal features of allocation for right to state-owned land; the author considers allocation of right to use state-owned land is a kind of administrative act. The right to use allocated land should be established from the time that land user receives the letter of decision about allocation of state-owned land, because of Pubilic Reterminate Binding Effect and demonstration ofadministrative acts; The author challenges the generality about "acquisition of right to use allocated land is free" and stipulation about "the right to use allocated land doesn't belong to bankruptcy property" assigned by Supreme People's Court, and holds the proposition about "acquisition to the right to use allocated land is free" is wrong not only in theory but also in practice. And the stipulation assigned by Supreme People's Court is neither reasonable nor lawful. The author discusses the issue about whether the mortgagee can acquire security in a discount when the right to use allocated land is used as right of mortgage. And then the author points out the problems existing in the present allocation system: the first problem is caused by the coexistence of paid acquisition and free acquisition of the right to use allocated land. The second one is that the applicable range of the right to use allocated land is too large.Thirdly, the granted institution of the right to use state-owned land is concerned. The author analyses concept and legal features about the grant of right to use state-owned land; and then believes the feature of grant contract on the right to state-owned land is a civil contract. The real right can be acquired only through register of the right to use granted land. The author compares characters and applicable ranges about four granted ways including agreement\invite bids\auction and GuaPai, and then points out two problems exiting in present granted system: The first one is about attribution of buildings and collateral goods after the termination of right to use granted land, and the second one is about the join between granted institution and relevant institutions.In the fourth section, based on the discovered problems, the author poses legislative suggestions on perfecting original acquisition institution about right to use state-owned land.