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On The Reform And Improvement Of China's Legal System Of Rural Land Rights

Posted on:2011-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ChenFull Text:PDF
GTID:2166360302993075Subject:Environment and Resources Protection Law
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Content:Since the founding of New China, especially the past three decades of reform and opening up, china has basically established the legal system of the land, which has the "Real Right Law" and "Land Adiministration Law"as the basis. Many other administrative regulations, such as the "Regulations for the Land Implementation of the Land Administration Law", the"Regulations on Protection of Capital Farmland", and other local rules and local government regulations has also been the supplement to the system. The land legal system of china which is dominated by the public law, has formed a system of control over the purpose of the use of land and system of protection of cultivated land as a core. The system of the right of the land, the system of the use of the land and the system of land utilization have been the focus of our land legal system.The "Real Right Law" established the usufructuary rights system of China, including the ownership of land, the Right to the Contracted Management of Land, the right to use construction land, the right to use house site, and the easement. But at present, the legal system of land rights in rural areas is not perfect. There are some conflicts between the"Real Right Law"and some existing regulations. The Right to the Contracted Management of Land and the right to use house site is strictly limited. And the existing legal system of land expropriation is also need to be perfected.In this paper, the problems of legal system of rural land rights are analyzed and some own proposals are put forward. The first part introduces China's existing legal system of the rural land rights and the legislative history. The second part analyzes the problems of the existing legal system of rural land rights and their causes, including the conflicts between the"Real Right Law"and some existing regulations, and the circulation of the rural land is limited, etc.. The third part focuses on the solutions to problems and the proposals to reform the existing legal system, including establishing the system of compensated use of house site and the appropriate circulation of the house site, strengthening the real right character of the right to the contracted management of land, and improving the land expropriation system to protect the land right of peasants, etc..On these issues, this paper concluded that: to improve the legal system of rural land rights should focus on the clearly defining of the subjects of collective land ownership, strengthen the real right character of land rights, and protect the lawfully rights of peasants. And we also need to accelerate the establishment of rural land market, and improve the rural social security system, so that the land rights of peasants can really be protected.
Keywords/Search Tags:rural land rights, the right to use house site, the right to the contracted management of Land, land expropriation
PDF Full Text Request
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