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Research On The Legal Issues Of The Transfence About The Using Right Of Rural House Land

Posted on:2009-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:J F YangFull Text:PDF
GTID:2166360242996705Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The current legal institution about the using right of rural house land in china is the result of the historical development and the history accumulates, which was fit in with our national politics of that times. But the market economy is more and more developed now. The legal institution has gone against gravely with the market economy operation law, caused the land idled and wasted, restricted the farmers on financing, harmed the interests of the farmers, slowed the pace of development of the rural economy, widened the gap between urban and rural areas, impeded the construction of our harmonious society. The resarch for the legislation of the the using right of rural house land is meaningful to the legislation of the the using right of rural house land,to the developing of the rural economy,to the construction of our harmonious society.Besides the introduction and the conclusion, this paper is divided into five chapters. Chapter 1 is the summary of the using right of rural house land. Chapter 2 is reflection about our legal system about the using right of rural house land now and comparative study on the land management and land transfence system. Chapter 3 is theoretical foundation and theory obstacles in reforming the legal system about the using right of rural house land. Chapter 4 is the legislative reconstruction. Chapter 5 is linking theory with practice-evaluation about the "rural house land for urban house"in ChongQing .Chapter 1 : firstly the concept and legal attributes of the using right of rural house land was discussed. The thesis believes, the 152nd about "house land right to use" of "the Law on Property Rights"is factly the definition of " the using right of rural house land ", the using right of rural house land is protection of identity, the nature of survival,the property rights. And explained the transfence about the using right of rural house land. And then, aggregated the developing history of the using right of rural house land.Chapter 2: Firstly, described and evoluated the situation of the law institution of the using right of rural house land. The thesis thinks that many laws and regulations are vague, "the Right of Property Law" is also choose to not mention, of course, can be understand as reserved space for the reform in the future. Secondly,described the defects of the law system of the using right of rural house land now. And then analysised the land management and land transfence system of some capitalist countries and some socialist countries. In the last launched two conclusions that "attention from the attribution to the emphasison "and "the use of land ownership shall not be shaken".Chapter 3: As the difficulties of this paper, the article firstly expounded the theoretical foundation of transfence the using right of rural house land, autonomy theory, theory of equality legislation, economic analysis of the legal theory are powerful theoretical support for the article. Secondly analysised two theory obstacles and solutions to reform the law system,focus on the legal provisions leasing system.Chapter 4:Put writer's point to new legislation about the transfence of the using right of rural house land, including the guiding ideology of legislation and the new system of the using rights. The article maintains that reform and perfect the supporting systems is aslo important . We should accelerate the reform of the household registration system, and establish and improve the real estate registration system in rural areas and the rural social security system.Chapter 5:The article analyzes the ChongQing's actual situation, and do some evaluation and reflection for the"rural house land for urban housing house".
Keywords/Search Tags:the using right of rural house land, property Rights, free trading, Land ownership, the legal provisions leasing system
PDF Full Text Request
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