The Primary Exploration On The Reform Of The Land Use Right Legal System

It has already experienced for nine years since we began to formulate Property Rights Law. But it is still no conclusions rough the Property Rights Law have been different its manuscripts. With China's rapid development, the economic forms enrich their diversification. So people right consciousness and the right protection demands unceasingly strengthen. So laws in Property have become the dire needs. Well, the right on real properties is the most important among all sorts of rights. To some extent, the provisions of the Civil Law on real properties are directly related to the keynote of the state property relations. Real legal system is the heart of the whole legal system. Based on the provisions of the law, real properties are land, buildings, trees and other objects setting in the ground. This paper focuses on the rights of real properties about land to start.After the founding of the PRC, the state carried out a series of reforms on land and established the system that all the land belongs to the state and collective public. The simplex public economy in China does not almost exist private property rights before 1978. The present real property legal system was established following the reform and open policy putting in force in our country. But China does not exist a law simply restructuring the land use right relations so far. Two important real property legislations, PRC Urban Real Estate Management Law and PRC Land Management Law, emphasize on the executive authority and the management to the private properties of citizens instead of confining the power of the state organs and warranting citizens. China's current land use right system is a power system and the power of the state is dominant. So the protection of citizens'private properties exist many unreasonable points:First, the principle"the public interest"as the premise has not certainly implemented. The behaviors of the state administrative organs levying the...