A Study Of The Use Right Selling Of State-owned Land Legal System

China carries out the socialist public ownership of land, namely the ownership of land can't be sold and bought. Therefore, the market of the use right of land in china must be active to meet the increasing needs in land resource in our society. The use right selling of state-owned land services as the major way of the first circulate in the market of use right selling of state-owned land. The use right selling of state-owned land is a primary premise of the circulation of land in the second degree market, which is directly relevant to land supply problem and making of great significant. The system of using selling of state-owned land has made great contribution to flourish Chinese house agent market and come upon the economic performance of Chinese state-owned land since the legitimate status of the use right selling of state-owned land was established by the Constitution amendment in 1988.Improving the system of using right selling of state-owned land is a necessary requirement of the sustainable development of social economy. But the law system of using right of state-owned land is still in its constructive period, there are inevitably many problems when the law is enact, and it needs further studies and discussion.This article firstly defines the meaning of the use right selling of state-owned land. Basing this meaning, according to the disputes of law Character of using right selling of state-owned land, And define the nature of the Civil Juristic Acts of the behavior of using right selling of state-owned land. After making clear study to the use right selling of state-owned land, this article introduce in brief the history evolution and its constructive feature of Chinese system of using right selling of state-owned land, meanwhile, it will make a pacific analysis to the use right selling of state-owned land from the theory and the system design aspect. Pointing out that the foundation of the use right selling of state-owned land is not the result of imperfect system design but the promotion of economic development and at the same time which the reference of a mature system and which much attention to the eco-value of land by the society, which results in great drawback in present systems. The most vital problem is that current system does not pay attention to distinguish nation's personages as the owner of the land and the institution of social management。Thus, this problem leads to the confusion between the administrative right and civil right of the land administration department present system, and in a wholes, result in tacking of balance of mutual benefits in the relationship of using right selling of state-owned land in the whole system. Moreover, in the course of designing the pacific system, the limited the selling deadline and the time of using land and the dispose of the regulation in the land after the land's using expiration in present system are not reasonable, the design of the renewable system, the registration system and advance retraction system of using right selling of land is not good enough, and the connotation of the social public benefit is lack of clear definition. No doubt those drawbacks lead to expansion of the nation's power, and the phenomenon that the accretive part using right of land is difficult to abstain an effective protection. On the other hand, the present system does not pay attention to resolve the problem of the correlation law and its system. At the same time, it attaches not enough importance on protecting eco-value of land. Such defect...