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Juristic Discussion On Transition Of Usufruct Of Peasant Collective Owned Construction Land

Posted on:2008-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:X Z LiangFull Text:PDF
GTID:2166360215970807Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Socialist Public Ownership-that is, the Whole People's Ownership and the Labor Mass Collective Ownership-is practiced in China. The peasant collective land ownership is an important part of the Chinese Land Ownership. As the collective land ownership is legislated as a kind of ownership, it should accord with the civil characteristics of ownership. The whole interpretation of ownership includes four functions as occupancy, use, profits and disposal, and the contents of the rights should remain the same no mater the object is the state-owned land or the collective land.In our country, the construction land has being on the move without governmental permission, which embody the land market in the country has been established The vagueness of the relative national laws, regulations and policy, together with the deficiency of the theoretical researches on this problem in academic groups have caused a lot of problems, such as the disorder in construction land-use, the unsafe in the transference of land-use right and so on. How to regulate construction land is the urgent problem that needs to be solved in the theory and practice of land administration. In chapter two, the possibility and feasibility of the transference of the collective construction land is stated which is based on the theory of Neo- Institution School of Economics. After a careful analysis it is considered that the transference of the collective construction land market would promote the market system's using in the resources allocation and improve the land-use benefits. Totally speaking, the benefits will be far more than its limited management costs in the process of the institution change, so the institution change is possible and feasible.The current situation of the transference of right to the use of collection land, including the existing market scale, main patterns of the transference, the management modes of the transference used by the land management bureau and the characteristics of the transference, were summarized first. Then an analysis on the formation of the collective construction land market and its positive roles in societal and economic development based on the theories of Neo-Institution School of Economics was made, and proposed that the formation of the collective construction land market is a natural consequence of the pursuing for their biggest economic profits by the owner and the user of the collective construction land in a market price mechanism-affected resources allocation system as there is an deficiency in institution supply.The major problems in the transference in present and their causes were summarized and analyzed in Chapter 2, then it was proposed that the current problems are directly caused by the lack of efficient management and are direct or indirect effects of the invalid institution rooted from the flaws in the current collective construction land use system and the rural land property right system. So a new paid, time limited and transferable construction land use system should be build. In the reasoning of the possibility of the institution charge, it was proposed that to build a collective construction land market is an innovation of the existing collective construction land use system and if the new market can run healthily and stably was lie on the possibility of the institution change. After a careful analysis it was considered that the building of the collective construction land market would promote the market system's using in the resources allocation and improve the land use benefits. Totally saying, the benefits will be far more that its limited management costs in the process of the institution change, so the institution change is possible and feasible.In Chapter 3 and 4, after investigated the management and the situation of the transference of collective construction land use right in some cities and provinces of China, the article proposed that a legal and regular collective construction land market that under a unified administration by government together with and integrated well with the state-owned land market should be build and suggest some detailed and realistic methods such as the scope of the transference, management of the land price in the transference and the land profits allocation pattern. In the end some systems that needed in order to maintain a health land market were advanced.
Keywords/Search Tags:Rural collective construction land use right, Transference of use right, Construction of land's right
PDF Full Text Request
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