Research On Several Problems Of The Capitalization For The Rights To Use Land

Land, as a kind of resource of deepest importance and most valuableproperty in modern society that human being to depend on, is the object oflegal investment stipulated clearly by company laws of the People'sRepublic of China. Research on the capitalization the right to use of land isclosely bound up with the classification of the rights to use the land. Thecapitalization for rights to use the land in existing current laws of PRC variescorrespondingly. Since the establishing background of the company law isserving the state-owned enterprise reform, the way to allocate rights to use theland has already been defined in the provisions of laws concerning thestate-owned enterprise reform so the provisions on capitalization connectedwith right to use the land are too simple in the company law. With theadvancement of reform the paid use of land, obtaining the right to use the landby capitalization has manifested in quantities. The insufficiency of legal basisfor land user to obtain the right through capitalization supported by companylaw has shown itself, so revising and perfecting the regulation that the right touse by capitalization is required. Consequently, taking the types of the right touse the land as focus, it is possible to divide the paper into such three chaptersas: capitalization for right to use the allocated land, capitalization for right touse the collective-owned land, capitalization by land owners and users. Thistext is divided into three chapters:Chapter one deals with the capitalization for the right to use the land. Inthe first place, the author herein is intended to analyze stipulations in existinglaws of China concerning the allocation of the right to use the land, viewingthe allocation of the right to use land as object of reform of paid use of land.The outcome of the reform is to allocate the right to use the land to certainextent, the state-run land disposition oriented on selling, and with lease inmind as supplement. Deducing from the above-mentioned, an detailed analysisfor the legal concrete legal provisions on capitalization is made for allocatingthe right to use the land in section two, namely: prohibition of capitalizationfor allocation of the right to use land; permission of capitalization forallocating the right to use the land, capitalization for state-allocated right touse the land. The conclusion is that the capitalization for allocating the right touse the land is not permitted by the laws in force. The reform of paid use ofstate owned land is achieved by reclaiming the land before paid predisposition.Chapter two is devoted to capitalization for the right to use collectiveowned land by dividing it into rights to use the land for collective constructionand the rights for agriculture. Section one focuses on capitalization forcollective construction. Capitalization for the right to use collectiveconstruction land is forbidden by the laws in force, except for collectiveconstruction and set-up joint venture enterprise with other entities. There are aplenty of capitalization for the right to use the land already at present in ruralareas, including capitalization for the right to use collective construction landand right to use residence foundation land. Those cases have been promotingthe rapid rural economy in an objective manner. So it is necessary to probeinto risk incurred by financing for right to use collective construction land thecurrent legal system , aimed to make it clear that the lift of such stipulationswill do no harm to the current legal system, and state , collective and farmers'interests. This section gets an in-depth insight into the necessity ofcapitalization for the right to use collective construction land from suchperspectives as tangible reality, the demand from economic development andlegal theory. Then we had come to conclusion: capitalization for the right touse the collective construction land is a question bound to be faced with;what's more, this is guaranteed by taking form of property right. The sectiontwo covers the capitalization for the right to use the agricultural land in ruralareas. The laws in force limit the capitalization for the right to use theagricultural land with the consideration given to the recipient qualification andpriority of collective members. Nevertheless, the capitalization for the right touse the agricultural land possess its'own advantages compared with the others:combination of technologies and other elements; the profit gained throughpossession of the right to use the land. The capitalization for the right to usethe agricultural land takes the form of stock holding sys tem that is the mosteffective form of achieving large scale operation. So the perfection of contractand operation law is required to complete the transition from contract right andoperation right to property right, enabling the farmers to deal with theirproperty at discretion and values added in circulation to bring income andmaximize the efficiency of the land.Chapter three deals with capitalization of ownership holder and theholders of the right to use. Since state is an organization, it is a special legalsubject, so when the state provides funds with the right to use the land, theholding of its shareholder's right and protection of managing, and interests areof main concerns. There are drawbacks in the management about the state-runstock right in the current law of our state, for there is shortage of a unifiedorganization managing state-run stock right and making the institution orenterprises separated from each other. So, a shareholders of enterprises in formthat the state provides funds through the right to use land strictly in accordancewith company law is bound to be constituted as an independent one that theinstitution exercises contributor's duty in the name of state, enterprises manageand supervise to trust the department having the right to hold shares, providefunds in accepting in this organization, the stock right income is turned over tothe state. Investment, right to use of people it deposits to be so complicatedstock right management system, but performance, right to use of peoplerelatively complicated, because people fulfill and provide funds and provide...