Research Of Law System Of Land

Giving a Historical retrospect on the law system of land abroad and in china ,this paper investigates the drawback of current ownership and using system of Chinese land. The drawback of ownership system includes the confusion of the owner of land; the incompletion of functions of the collective ownership of land;Contradiction between the collective ownership of land and governmental collection of land .The drawback of using system includes farmers who own the right of land contractual management are limited to a large degree to disposing their land; Contradiction between the need which the members of collective organization want equally to own land and the desire to have long and steady using rights of land ; There isn't definitude guidelines of the quantity and type of land for adjusting in the contract period. Through studying, the paper presents a way to improving the current law system of land. In the aspect of perfecting Collective ownership, the clear of the ownership subject must reinforce the right through the work, the goal subject in the different levels of main part of property right should be detached in lawmaking, which can match main part of property right to the bound of land;In the aspect of realizing the main part of property right, peasant's assembly should be established to execute the right of self-determination of the owner of collective land;Perfecting the functions of the ownership is favorable to realize the ownership. In the aspect of reinforcing the protection of the right and interests of the collective land owners, the paper puts forward that the concept and bound of"public interests"should be defined clearly, hearing system and judicial censorship of judging whether the land collection accords with the"public interests"should be established. To reinforce the protection of the right and interests of collective land owners ,the current compensation standard that take over the land for use should be modified and the concrete distributive method of land compensation must be instituted。In the aspect of land using,should be modified to perfect land using system。...