Study On The Legal System Of Land Use Right By Leasehold

Land is not only the material base of human survival and development,but also an important resource for socio-economic development.Because of the specially scarcity of land resources,human always commit themselves to research on how to utilize and protect land rationally.As an important legal form of the land paid utilizations,land lease resolves the contradiction of land supply and demand effectively.In a system that the land owned by state and collectivity,land lease is of great immediate significance for the rational distribution of land resources in china. This article focuses on the research about the legal system of land use right by leasehold,and put forward proposals for the perfection of land use right by leasehold.Besides Preface and Conclusion,this dissertation is divided into 3 chapters as follows:Chapter 1 is the introduction of land leasehold.Firstly,it defines the connotation of land use right by leasehold.Secondly,it compares land use right by leasehold with other similar rights,to show the characteristics of their own.Lastly,it introduces the basic legal relationship of land use right by leasehold briefly.Chapter 2 chiefly analyzes and dissertates the characteristics of land use right by leasehold.For one thing,it expounds the general theories about the nature of land use right by leasehold.Secondly,it demonstrates that land use right by leasehold has the legal effects of real rights from both academic and practical perspective.Chapter 3 is the legislation proposals of perfecting land use right by leasehold. Firstly,it discusses the obtaining,applying and terms of land use right by leasehold. Secondly,it expounds the content of land use right by leasehold and special protections for the lessee.Lastly,it labors the transfer of land use right by leasehold, including assignment,sublease and mortgage.