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Study On Design Of The Hetero-Property Rights On Land In China

Posted on:2009-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:X HouFull Text:PDF
GTID:2166360278463492Subject:Land Resource Management
Abstract/Summary:PDF Full Text Request
The design of hetero-property rights on land in China exhibits a relatively single situation for a long time. Land mortgage right and land lease right are the two generally accepted hetero-property rights on land now. And as an important hetero-property right on land, easement has finally come to a clear legal provision in the form after the promulgation of Property Right Law. However, in practice there are many other rights of land are not realized in law, which can not accord with the reality of land use keeping with a wide range and land rights having multiple levels, and also can not meet the demands for diversified land use. So this paper attempts to re-optimize the design for the hetero-property rights on land and refined the rights especially which are embodied in the land ownership laws. With a view to building a hetero-property rights system on land which suiting to China's national condition and adapting to the socialist market economic development needs on the basis.In this study, comparative studies were carried through on domestic and foreign present situation of the design of land hetero-property rights. We combined theoretical researches with laws and regulations, and used the design of foreign hetero-property rights on land for reference. Base on reality, we put forward a basic opinion about the design of land hetero-property rights in our country, that is we should setting space utilizing right, land priority and plough right besides land mortgage right, land lease right and easement. At the same time, these land hetero-property rights were studied from two different emphases on the basis of existed laws and regulations. Firstly, the existing land hetero-property rights such as land mortgage right and land lease right have been perfected and developed to make them accord with the needs of development. Then, definition and regulation of the land hetero-property rights put forward in this paper such as space utilizing right and land priority have been done to make them more operational in practice. This study can provide some reference for defining and confirming these hetero-property rights on land in law.
Keywords/Search Tags:Right system on land, Hetero-property rights on land, Rights design
PDF Full Text Request
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