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Research On The Transference System Of Collective Construction Land's Usufruct

Posted on:2008-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhouFull Text:PDF
GTID:2166360218958005Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Construction land can be divided into national and collective construction land based on different subjects. Along with the execution of reform and open policy and the rapid economic development, the transference system of national construction land's usufruct has been amended unceasingly. However, there are many legal restrictions to the transference of collective construction land's usufruct. But practice shows that many collective land's usufruct have been transferred to the land market after being translated into national land by an illegal expropriation method .It has violated farmer's benefit, also has harmed the legal dignity. Furthermore,some collective construction land's usufruct were transferred privately without approval, this led the disordered situation of land transfer and distribution of the related benefits .Moreover, under current system, it is difficult for us to solve the problem of the transference system of collective construction land's usufruct by merely reforming the system of land expropriation or forbidding private transference of collective land's usufruct. So we have to carry on imperative research on utterly reform of the transference system of collective construction land's usufruct.We can't neglect that the collective construction land contain the collective land which have been approved of converting purpose but have not been approved of expropriating. We have cognized and analyzed the transference of collective construction land's usufruct and corresponding system by applying the Marx land rent theory economic property theory. The system is the aggregation of the norms that regulate the relation of producing and allocating benefit of the trade and department whose production based on land, the benefit is affected by transference of collective construction land's usufruct. Then we proposed that the unrestricted transference system of collective construction land's usufruct should be established, which can be called"system of country land entry into market"for short, the new system's establishment is the innovation of land system and also is the course of constitutional law's incarnation.The system of country land entry into market can make sure that the cosmos, freedom, utility, justice can be achieved. So it is necessary to establish it. Furthermore, there are many challengers, such as barriers from current system, the problem of benefit coordination, peasant's politics status, security of provision and so on, but we can solve these problems, they can't hold back the new system utterly. In order to promote the birth of new system, we conceived some important specific system as follows: the purpose and basis of the new system, the definition of basic conception, application scope, specific rule on all kinds of collective construction land's usufruct transference, price estimation of land's usufruct, registration system ,and so on.We hope that this paper's study can deepen our essential understanding of collective construction land's usufruct transference, provide the theory reference for the changes in the transference system of collective construction land's usufruct, remind people whose benefits is related to count the cost and then promote the establishment of nationwide system of country land'entry into market.
Keywords/Search Tags:collective construction land, transference of usufruct, system of country land's entry into market, land expropriation
PDF Full Text Request
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