The Legal Issues Researches On The Way Of Remising Construction Land-Use Right

On the basis of the former study from some scholars, the author concluded the problems amid the four ways of remising construction land- use right combined with the practice. The purpose of the thesis is to make the utilization of the land resource more properly through the perfection of the ways of remising.The thesis includes three parts, the preface, the main body and the conclusion.The preface firstly illustrated the meaning of picking up this subject and then introduced the study situation and literatures in domestic. The research methods and innovations of the thesis were also introduced briefly.The main body is divided into four parts according to the thought: put forth a question, analyze the question and solve the question.The first part analyzed the current situation and problem of the ways of remising construction-land use right. The ratios of the four ways were illustrated by chart and the main problems were also introduced.The second and third chapter mainly analyzed the questions introduced in the first chapter. The second chapter illustrated the main four reasons for the problems, the collision between the ownership and the administration authority of the construction land, monopoly situation of the licensor, the information asymmetry between the licensor and acquiring party, scarcity and non-substitutability of the land resource. The third part analyzed the fundamental theory of remising construction land-use right publicly --- to maintain material justice and to promote the realization of public interest.The fourth chapter is the focus of this article. It try to explore the reforming approach of the ways of remising construction land-use right. The first section advocated reforming related supporting systems about remising construction land use right. (1) According to the requirements of government functions, we must rearrange the responsibilities of land government authorities and distinguish the government's two roles. Then the author stands transforming the land reserve agencies into wholly state-owned companies. (2) Improving the information disclosure system and strengthening social supervision. The next section is thought of how to consummate the agreement, bidding, auction and listing. The author suggests: (1) abolishing the agreement; (2) Reforming Substantive provisions and procedural requirements of biding; (3) controlling the ceiling price of auction (4) popularizing the listing by internet to make its function maximum.