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Research Of The Legal System Of Right To The Use Of Land For Construction Of China

Posted on:2007-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2166360185954309Subject:Law
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This paper has done further investigating and discussion to the legal system of Right to the Use of land for construction of China with the regards of real right theory as guidelines, integrates with practice closely. The paper includes altogether.The introduction has introduced the background, reason and meaning of this paper.Chapter One makes a review to the forming and development of the system of land utilization and usufruct of construction land, propose the usufruct of construction land means that there are buildings or worker crop occupying on all land in the country for purpose , use and income land, the right that can be transferred and inherited, it is equivalent to the current State-owned land right of use. Comparatively science is clear for the concept of Right to the Use of land for construction, help to safeguard the succession of the law, the concept of replacing the right to use the land with it is a correct choice in the legislative course of law of real right of our country, and names such as Superficies , right to use the land , right to use of base ,etc. should not be adopted. Right to the Use of land for construction is a kind of real right of controlling the land directly, and a kind of usufruct with extensive powers and functions, a kind of real estate real right, and a kind of real right with stronger independenceChapter Two Compare Right to the Use of land for construction with similar right such as Superficies , right to use the land ,etc. Think Right to the Use of land for construction and and Superficies does not hesitate to have a great deal of similarity on the ground, but at foundation , social function , right time limit, reason and right legal consequence eliminate etc. that have essential differences in ownership, it is unsuitable to adopt Superficies. The right to use the land is not a rigorous legal concept, the demarcation line is fuzzy , easy to grow ambiguously, should not adopt again, the system of Right to the Use of land for construction is current direction oftransformation to urban state-owed land usufruct system.Chapter Three has introduced occupying , use, income powers and functions of Right to the Use of land for construction specifically, point out that this right , with use right receive heavy restriction of private law of own right, neighbor right ,etc. and of public laws such as land use , development and urban planning ,etc.Chapter Four has introduced several kinds of settlement ways of Right to the Use of land for construction : Grant, administration allocate , hire and other ways, point out one's own the characteristics and applicable scope of every way. Expound the fact construction land terms and restriction that right transfer, until construction land usufruct and ground relation of deposit make and study transfer and point out Right to the Use of land for construction and building ownership are the differentiate independent real estate , but the law combines it together closely while transferring. Right to the Use of land for construction can deposit , continue expiration of time limit, government regain usufruct, reason of abandoning etc. and eliminate. It produce original land utilization people return the land , the building belong to landholder on the ground eliminate , such legal consequences as the hypothec set up on the usufruct of construction land is eliminated.Chapter Five proposes regarding sustainable development principle as guidelines, reform the current legal system of construction land usufruct with the system of real right, put forward the concrete idea: First , review the current system of granting , popularize the usufruct of construction land and the yearly leasing system; Second, norm existing regaining the system of right to use the land, set up the cancel system of Right to the Use of land for construction and; Third, the renewal set up after the usufruct of construction land expires and compensation system, on the basis of people renewed to allow Right to the Use of land for construction , and set up the choice of Right to the Use of land for construction by way of leasing in order to keep the ownership of building. Fourth , distinguish the landholder's civil behavior and administrative behavior , propose that the administrative department of state-owed assets replaces the land administrative department as the seller, exercise ownership in the name of country. The land department specially exercises the administrative power of the land. To set up the prescroption obtained of Right of the use of land for construction in order to maintain a steady social economic order...
Keywords/Search Tags:Right of the use of land for construction, State-owned land right of use, Usufructuary real right, Superficies?
PDF Full Text Request
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