On The Approach Of Application Of Civil Law In The Regulation Of Assignment Of The Right To The Use Of The State-owned Land

As to the concept and attribute of the assignment of the right to the use of the state-owned land, there is an ambiguity in existing laws in China which caused two problems: the law field which should be applied to regulate it is unclear; the ways of regulating it is imperfect. With the start-up of the legislation of Chinese Civil Code, the legislation of the assignment of the right to the use of the state-owned land has entered a crucial stage. To study on the issue of legal regulation of the market of the assignment of land-use right has much significance in theoretical and practical fields. By economic and historical approaches, this dissertation focuses on the legal regulation of the assignment of the right to the use of the state-owned land in China. On one hand, it discusses the issue that which law field should be applied to regulate the assignment, on the other hand, it tries to construct a system through which civil law will regulates the assignment effectively.This dissertation consists of three parts: preface, text and conclusion. The text is divided into five chapters.Chapter one makes a definition on the concept, attribute and characteristics of the assignment of the right to the use of the state-owned land. Because there is an ambiguity in existing laws of China as to the definition of it, this chapter clarifies the concept and holds that it has market attribute. And also, this chapter analyzes the characteristics of it so that to make it clear.Chapter two reviews the historical development of the systems of assignment of the right to the use of the state-owned land in China, and basing on the analysis of the existing assignment system, this chapter points out that the existing system has inutility in solving the problem as to which law field should be applied to regulate the assignment of the right to the use of the state-owned land.Chapter three demonstrates the necessity and possibility of application of civil law in regulating assignment of the right to use state-owned land. The necessity includes: it complies with the tradition of civil law; it is benefit for preclusion from the negative impact of State Priority Theory, it has significance in legislation. And the Usufructuary Right System makes it possible to apply civil law in the regulation of assignment of the right to the use of the state-owned land.