Land Development Right And Its Configuring In China

Land development right is one of the most important land rights of Anglo-American law. It is right of changing property of land use. Its primary purpose of setting-up land development right is to protect farming-land, protect natural resource and entironment. So land development right is often called farming-land development right At present, China economics circles have developed fruitful research on land development right, law circles paid little attention to it and there is nothing about it in china law. But problems on land development right have appeared for a long time with the development of rural economics. Therefore, the writer think that in order to resolve conflict between lagged legislation and reality, land development right should be set up in china law and owned by state and income of land development should be shared by central government and local government and peasantry collective.The paper is divided by five chapters. Chapter one introduced basic theory of land development right, which included arising reason and meanings of land development right. Moreover, the chapter comparatively reviewed land development right system in some countries and pointed out that objective of setting-up of land development right and owned by state is reasonable configuring land resource and strengthening macroscopical regulation power on land market, promoting harmonious development of economy and society and environment.Chapter two demonstrated fundamentality and significance of configuring land development right in our country. It pointed out that fundamentality of configuring land development right is to consummate system of land using layout, strengthen farming-land protection and protect interest of peasantry, significance of configuring land development right is to clarify connotation of collective land ownership, normalize land market and provide steady financial income for our country.Chapter three put forward concrete project of configuring land development right. Through analyzing character of existing examining and approving right offarming-land transfer and plight of exertion of examining and approving right of farming-land transfer, it indicated that land development right should replace examining and approving right of farming-land transfer and put up institutional plan about exertion and granting of land development right.Chapter four clarified meanings of income of land development, at same time, it analyzed existing distributing mode of income of land development in our country and pointed out that local government is a main gainer, which will easily result in governmental failure. Reasonable distributing mode of income of land development is that income of land development should be shared by central government and local government and peasantry collective.Chapter five discussed relationship between setting-up of land development right and reform of land expropriation system in our country. The writer think that primary defects of existing land expropriation system is that land expropriation scope is excessive and the method of the government obtaining land development income is irrational, the outlet of reform is to divide purpose of farming-land transfer by public interest and management, implement land expropriation for farming-land transfer of public interest, set up land development right and reasonably configure its content for farming-land transfer of management.