On The Improvement Of Legal System Of Urban State-owned Land Assets Management In Our Country

Land is one of the important natural resources which the mankind depends on for existence and development and city land is the carrier of city function extension and economic development. Along with the rapid development of urbanization reform and the city economic prosperity, the use of land in cities has been increasing sharply every year. Under the basic system of "the urban land belongs to country" that the Constitution of our country fixed, the state-owned urban land, while playing an important role as a natural resource, is determined as a kind of state-owned assets with great quantity by its rareness and participation in the urban economic behaviors.In order to promote the urban economy and urban comprehensive strength, as well as protecting urban land, this kind of rare, immense state-owned assets effectively on the premise of utilizing the state-owned land sustainably, it is necessary to pay close attention to the reform of the state-owned land assets management system of city of our country.Base on the analyses of historical evolution and system of legal system about city state-owned land assets management of our country, this paper tries to clarify the historical developing trace of this system, reveal the defects of the existing system, analyze the causes of the existing defects and propose the innovative thinking based on the state-owned land assets management of the city and modern enterprise system. propose to reform the drawback of"ambiguity between the functions of the government and those of enterprises"in this system, construct a modern enterprise separate legal entity which takes part in the management of urban state-owned land on behalf of state-owned land owners, i.e. the management company of state-owned land assets, in charge of maintenance, management and increment of state-owned land. Divide the managing functions of the current administrative department of state-owned land, realize the transfer of government functions for the real marketization of the first level land market. This paper is divided into three parts. The first part analyzes the historical development of the managing system of city state-owned land assets of our country. In the planned economy period, the right to use state-owned land in cities is totally allocated by the government, the value of land has not been paid enough attention, and land had not entered the market circulation as goods, rather relied on administrative means to adjust the use of state-owned land, thus a circulation and use system without selling land or renting administrative allocation had formed. While in the construction period of market economy system, there realized the transfer of state-owned land from free use to paid use and the distribution modal of land market from planned distribution to government guiding and adjusting.The second part analyzes the defects and its causes of the managing system of urban state-owned land in our country. The current managing legal system of urban state-owned land assets is established in the developing progress of groping its way alongside of legislation gradually. Hence lots of problems accompany development. Because of the ambiguity of the assignment contract of the right to the use of state-owned land which consists of the basis of this system, it leads to the confusion between civil legal relation and administrative legal relation in the state-owned land assets management. State-owned land administrative service division undertakes double tasks, that is a legal system with double roles in civil legal relation and administrative relation of state-owned land, which deviates from the basic requirements of standard of right under market economy. Double function and coincidence of identities of state-owned land administrative department are apt to breed power corruption of the assignment market of the right to the use of state-owned land and cause a practical vacancy to the urban land owner. And the problems in this system basically are caused by the execution of managing right and administrative supervising right of state-owned land carried out by land managing department of county, municipal governments at the same time. The possible outlet to solve the problems in the managing legal system of urban state-owned land lies in Reform the traditional view which considers the transfer of the right to use of state-owned land as administrative function, initiate a market-oriented managing thinking of transfer of the right to use of state-owned land as to commodify the right to use of state-owned land, form a circulating market of the right to use of land and reconstruct the managing system of urban state-owned land assets. Part three explores the reconstruction of managing legal system of urban state-owned land assets, focusing on the relevant analyses of creating property management companies of urban stated-owned land assets. It explores the theoretic basis of company transfer of urban state-owned land assets and the structure establishment of these companies according to Law of companies, and analyzes the legal status of these companies.Part four is presenting some legislating propositions which aim at improving the managing legal system of urban state-owned land assets. And some suggestions to improve the legal system has been presented in order to solve the problems in the current managing legal system of urban state-owned land assets of our country.Adopting historical researching method and legal analyzing approach which relates theory with practice, this paper tries to analyze the evolution of the managing system of urban state-owned land assets and systematic defects, propose that laying stress on the important state-owned asset, urban land, separate the managing right of urban state-owned land in the administrative division of state-owned land legally, Found a modern enterprise's legal entity with independent property right–urban state-owned land property management company, Combining the city planning and urban land storage system, as well as administrative supervision of state-owned land administration, build up a complete system of state-owned land planning, storing, managing and administrative supervision.