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Study On The Legal Issues Of The Transfer Of The Using Right Of Rural Housing Land

Posted on:2010-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:E LuoFull Text:PDF
GTID:2166360275989851Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the fast-developing trend of market-oriented economy, the land has become a vital factor of production gradually. Now the owner of the urban land is the state and its using right starts to be transferred freely in the market, but at the same time, the using right of land of collective ownership is freezing, especially the using right of rural housing land, it can not be transferred in the marketing way, and this practice restricted the development of rural economy. This thesis is based on the features of rural housing land, taken the transfer of the using right of rural housing land as the core, combined with the current legislative status to point out that the current legislation of our state is limited by the traditional old-fashioned theories and it is not tally with the track of the development of the market. So the legal system should permit the marketing transfer of the using right of rural housing land on some premises.The article altogether divides into three chapters besides the preface and the conclusion:Chapter one studies the history of the birth and the development of the using right of rural housing land, explains its legal definition and its features after introducing some theoretical disputes about the definition, discusses its character and analyzes its difference from some similar legal definitions. This part try to establish the foundation of the discussion about the transfer of the using right of rural housing land.Chapter two expatiates the limitations of the current system on the using right of rural housing land, and give a comparative analyze on the provisions which regulate the transfer of it, make a introduction of the academic debate on whether the transfer of the using right of rural housing land should be permitted, and give a deeply discussion on the reasons that the transfer of the using right of rural housing land should be permitted. At the same time make an analysis on the advantages and the disadvantage when permitting the transfer of the using right of rural housing land may bring. Chapter three gives a suggestion on the necessary institutional premise when the transfer of the using right of rural housing land is been permitted, and also puts forward the legislative advices on the patterns which the using right of rural housing land is transferred.
Keywords/Search Tags:The using right of rural housing land, Transfer
PDF Full Text Request
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