The Perfection On System Of Landtransferring In China

This treatise will discuss the existing problem and perfection assumptions for the transferor in the system of land transferring in China.First from the creation and characteristic of this land transferring system, demonstrate the forming history of the particular system of separating the landed property and land-use right in our country, and present the fundamental content of this system; Also analyze the character of the transferor in the land transferring under this system: The local government and the land management department have double functions, being the main party of administration executive, and the main party of the civil relation at the same time.Second, conclude the existing social problem under this land transferring system. Include the conditions as follows: the local government has the impulse of selling the land; government is short of the abilities of market dealings; and the conflict between the administrative power and the judicial power due to the double functions that the government has.Then, in all directions, analyze the reasons why there are such problems existing: The analysis on examination and approval system of the land transferring; and the analysis on condition of pluralism function that the government has as a transferor, and the setting of the functional department in the transferring system. Afterwards, to compare the system of land transferring in China Mainland with the system of land lease in batches in Hong Kong, investigate the advantage of the existing system in Hong Kong, and analyze the difference between these two kinds of system.Lastly, summing up the above results, assume perfection setting of the Land transferor system. Include the adjustment of the approval on the land transferring, setting up an independent land transaction organization as the transferor of the transferring, and clarify the solution for the conflict between the administrative power and the judicial power.