Font Size: a A A

Study On The Land-use Right Circulation Of The Collective Land-owned Land For Construction

Posted on:2007-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y S PanFull Text:PDF
Abstract/Summary:PDF Full Text Request
According to the acceleration of our country industrialization,expansion of cities and rapid development of town buildings in the recentten years, construction land has been more deficient day and day, and thestate-owned land has not been able to meet this objective needs. Thereforethe collective-owned land for construction has gradually become the newforce and is continuously developing and expanding in invisible landmarket, meanwhile the fact that the collective-owned land forconstruction owns relative high economic efficiency further stimulatesthe disorder circulation for the collective-owned land. However so farour country law for the collective-owned land for construction can'tconsistent with the objective reality. The experiment of the circulationfor the collective land-use right and the regulations and the standarddocuments in every place are different. What is more, they conflict withthe higher-level in many terms. Consequently the paper is intended toestablish the relative perfect circulation law theory system and adviseto make correlative laws and regulations so as to promote the ordered andsound circulation for the collective land-use right for constructionaccording to the theory system. The paper takes a relative systematic research on the circulationfor the collective land-use right for construction. The paper divides intosix parts:The first part determines the connotation of land-use rightcirculation of collective-owned land for construction through analyzingits subject and object and its relative concept of "collective-owned landfor construction" and "land-use right circulation"The second part puts forward the four principles on the basis of thecurrent situation of the collective-owned land for construction, whichincludes circulating legally, paid, efficiency and land use control thatshould be abided by in the circulation, according to the principles onthe circulation of the collective land-use right for construction beingbig different in existence in academic field and in practice.The third part puts forward that the circulation style should beclassified as transferring,leasing,retransferring,subleasing andmortgage in accordance with the same standard on the basis of thecirculation styles summary in academic field and in practice and hasdifferent understanding on the land-use right after comparing thesecirculation styles.The fourth part determines that circulative income, decided by theincome constitute, should be distributed among the state and relevantparties through analyzing the connotation of the circulative income ofthe collective land-use right for construction and its price structureand ensure the realization of the property right of farmer and farm'sinterest protection.The fifth part classifies the circulative procedure as the firstcirculation and re-circulation according to the different circulationlink and analyzes the procedure requirement according to differentcirculation style. The sixth part put forward a reasonable legal system of the collectiveland for construction should be established from various aspects:clearing property right, strengthening planning, tax policy and land usageregulation, regulating the circulation style and distribution of income,and establishing unified coordinated legal system.
Keywords/Search Tags:collective-owned land, land-use right for construction, circulation
PDF Full Text Request
Related items