The Study Of Rights Of Collective Land Of Our Country

The civil right of collective land is a right of great importance in the Property Law of China, whose right categories constantly increase with the development of social economy. In order to protect the legitimate rights of the right person and bring the effects of material into full play, it is necessary to regulate the categories of the present Civil Right of Collective Land and establish a complete system of the right of the collective land. This study, based on the present laws in China and the Property Law of China (draft), attempts to contribute to this area by analyzing the categories and structural system of the collective land rights in order to regulate the categories of the present civil right of collective land and establish a complete system of the right of the collective land. And also, from the perspective of the relationship in the civil land law, this thesis analyzes the defects of the collective land proprietary right and the proprietary rights, illustrates the law nature and contents of various types of usufructuary rights and dissects the structure of the collective land usufructuary rights in the present laws. In reference to the continental law system, this work proposes the right categories and its structure of the collective land usufructuary rights in the Property Law of China. Meanwhile, this study emphasizes the Easement right that is not mentioned by other laws, but stipulated by the Property Law of China (draft), and puts forward the legislate advice to the collective land usufructuary rights, that is, the collective land space right, so as to perfect the legal system of the collective land usufructuary rights in China.Regulation of priority that prevails over real rights else establishes the trend of the growing of usufructuary. Based on the research of the categories and structural system of the collective land law in China, the improving advice for the categories of the collective land right is proposed, in which the principle that the main part of the collective land proprietary right is the cooperative law person is definitely stipulated, the attribution of the collective land proprietary right is clearly regulated, the collective construction land use rights and national construction land use rights are together regulated, the concept of construction land use right is taken place by the Real-right, the categories of the usufructuary right in space right is definitely classified and the punishment rights of the rural house cite are added. With the development of the social economy, different categories of the civil right of the collective land emerge constantly, especially when the land usufructuary right based on the collective land proprietary right occupies the key place in the land rights. In order to protect the limited land resources in our country and achieve the use value the material, there is great necessity to stipulate the various categories of the collective land rights in the form of law and to establish the rational structural system of the collective land rights. The listing points are the writer's original intention. In the writer's expectation, some conclusions in this thesis may bring benefits in the improving progress of the civil right of collective land and its structural system. Due to the complexity of the categories of the collective land rights in China, the study of the categories of the land categories may be continued in order to perfect the system of civil rights of land of China.