On Perfection Of Allocated Land-Use Right System In China

After the establishment of China, our country has gradually established land state-owned system. As for use of state-owned land, whatever the purpose is for commonweal or commerce, single administrative allocation mode is adopted. After the reformation of economic system, China has started to try to carry out reformation in state-owned land-use system and established state-owned land-use with pay system. Besides of allocated land-use right system, granted land-use right system is still in effect. These two together formed "the double track system" in land-use system of China.But in《Land Use law》and《City Real Estate Management law》, allocated land-use right is only applied for the purpose of commonweal in principle, and it can not be sold, leased or mortgaged, this is differs from allocated land-use right applied in planned economy system. In order to meet the demand of reformation of economic system and establishment of city real estate market, China has to push allocated land-use right which was formed in planned economy system (mostly land are taken by state-owned enterprises, non-commonweal business unit and single person) towards market. Therefore, current lawmaking allows the people who have the right of allocated land-use right to sell, lease or mortgage allocated land-use right under certain circumstances. In practice, there is no clear distinction between different kinds of allocated land-use right, besides, restrictions of the land punishment wasn't strict, so more and more "recessive land market "come into being, which result in the lost of state-owned land benefits of our country. This thesis aims at make profound analysis on existing problem of current allocated...