The Research On Land Development Right Of Development Zone

This paper mainly aims to study and analyze the land development right of development zone in the view of efficiency.Land development right, also known as the right to exploit land, is one kind of property rights which is separated from land ownership and can be dealt with individually. Land development right system has two main modes: Belong to proprietor based on the consideration of efficiency and belong to the government or the state model based on the consideration of social justice. There are some typical cases. For example, in the United Kingdom, the land development right belongs to country. In the United States, the land development right is negotiable. In France, the Land Development right is interfered by the country. Although China has not yet established the land development right system, the research and practice on land development right has been interacted.Development zones in China are in the period of transferring in the land exploitation progress. The problems of unused-lands and development-mode singularity exist. After researching the land development right and industrial cluster, the author believes that the industrial cluster of the land development right in development zone can solute the before-mentioned problems and realize the efficiency aim of land development right in development zones. However, the industrial cluster is lack of system environment for the defects of the systems in development zones. So, the author believes that the systems should be modified from the area of private laws especially of property right law to form the most effective mechanism of utilizing resource. In this way, we can mobilize the force of government and market, lead and ensure to build the industrial cluster, realize the land development right in development zones, and then promote the local and countrywide economic development.Chapter one indicates the conception of land development right from problems of land exploitation progress of development zones.Chapter two introduces the two modes of efficiency & justice of the land development right systems and experience of overseas countries.Chapter three introduces the research of land development right in China, including the public laws and private laws. The author points out that the research of land development right shall gradually regress from public-right to private-right.Chapter four introduces the legislation state of land development right in development zone nowadays. The author believes that the systems still can't resolve the problems of land exploitation progress of development zones.Chapter five introduces that the industrial cluster of land development right in development zones and studies the modes & experience of overseas development zones and the experience of domestic different levels of development zones. After analyzing the defects of local industrial cluster nowadays, the author indicates that we should try to modify the systems from property right laws, promote to form the industrial cluster, and realize the efficiency aim of land development right.Chapter six introduces imagination of industrial cluster of land development in development zones. The author believes in the view of property right law, it should be done from two ways. One is the systems of personality. The other is the system of conduction, including the mechanism of entry and drop-out of land use.