The article discusses the legal nature of the right to use state-owned land. It is be composed by three parts: the preface,the text and the conclusion.The preface states the object and the purpose of this article, moreover points out the research actuality of this question.The text involves three chapters. The first chapter is the summarize, it discusses whether the concept of land-use right is scientific. Accordingly states the meaning and the historical evolution of the right to use state-owned land.The second chapter discusses the necessary to study the legal nature of the right to use state-owned land. This question is to be dissertated from two aspects.The third chapter is the study about the legal nature of the right to use state-owned land, the way of the study is to introduce some theories about this question and compare to the correlation right in foreign law. At first, the author reduces the scholar's theories to four kinds: the traditional usufructuary right theory,new-style usufructuary right theory,ownership or approximate ownership theory and right of possession theory. Then compares the land-use right with the superficies and the estate. On this basis advances the viewpoint: the right to use state-owned land should be a kind of new-style usufructuary right. In the last of this chapter , the author assumes about the legislation system of the right to use state-owned land. The jus ad rem system divides into three arrangements: the first level is the land ownership, the second level is the construction land-use right,the third level is several rights enact on the the second level(such as the easement,the security interest and so on). In this system, the right to use state-owned land is the core.The last part is the conclusion of this paper. It sums up the abuse of the provision about the legal nature of the right to use state-owned land, then concludes the right should be a kind of new-style usufructuary right.
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