The Legal Issues Research On Construction Of Land-Use Rights To Remise By Auction

China carries out the socialist public ownership of land, namely the ownership of land can't be sold and bought. In order to meet the increasing needs for land in our society, we explore the remised system of construction of land-use rights that based on the right theory about the right to land ownership and use of the right to separation. Auction is the most important means in the remised system of construction of land-use rights,it plays an important part in the full and rational using of the limited land resource. But in recent years, because of the rapid development of the real estate market and the scarcity of the land resource, the deficiencies and the problems in auction has been exposed, these problems concentrates in government's non-standard behaviors , the abnormal high land price, the low efficiency and so on. I think the auction as a mode of operation of the market, there is no problem in itself, but the local governments in China and its land resources management departments are the remised subject, the management subject and the supervising subject in construction of land-use rights to remise by auction, its multiple identities and the imperfect legal system has resulted in a series of problems in the auction market. In order to make the auction more active and continue to play its due role, it's now quite necessary to make a profound analysis on itself to find out its problem and try to improve it. Therefore, this paper, sitting out from the practical demand, based on the analysis and comparison of the problems and causes in the system of construction of land-use rights to remise by auction , it puts forth the specific idea of how to improve the system. The purpose of this paper is to improve understanding of the theory, and offer some new thoughts on realizing the standardization and market-run of the system, the more reasonable collocation of the system of construction of land-use rights to remise by auction, the more standardization of the government's behaviors during land-remising. It also aims to provide some advisable reference to further promote the sustainable development of the construction land-remising market.This paper is divided into four parts:The first part is the preface. It puts forth the research problem, elaborating the significance of studying the problems in the construction of land-use rights to remise by auction, introducing the thoughts and the writing method of the paper and making some relevant summary in this research region. The second part is the history of the construction of land-use rights to remise by auction. This part reviews the development of the land-use system and introduces the concept, the legal nature and the formation of the construction of land-use rights to remise by auction.The third part is the current status of the system. This part from the angle of the subject, the control mechanism and the monitoring mechanism in order to indicate the social problem of the system of construction of land-use rights to remise by auction and deeply analysis the underlying reasons for the problems.The fourth part is the thought of how to consummate our system of construction of land-use rights to remise by auction. This part aims at the problem and the cause in the previous part, considering that in order to improve land-use rights for construction means by auction, we should adjust the functions of the governments and their land resources management departments, weak their business functions and strengthen their supervision and management functions, also, we should improve the legal systems and strength the control of the price of the auction. In this way, it will promote the development of the market of construction of land-use rights to remise by auction, and will reduce the social problems in the market.