Study On Perfecting Residential Land Legal System Under The Resource Protection Perspective

The residential land of our country is a kind of special private use resources under the arrangement of collective ownership of land, the complex structure performance of the basic rights construction is that the state ownership and the private use rights,on the basis of the formation of the special residential land system, resulting in the "tragedy of the commons" of the residential land. For now, the largest and most prominent issue of the residential land resource are the free supply and the severe low performance.The severe low performance of residential land resource depends largely on our special institutional arrangements and the incentive structure and restricting function to users of residential land resource,and collection of different systems are decided by unique property of residential land,in other words,the resource characteristics determine the institutional arrangements and different institutional arrangements will appear different resource performance.Based on the above analysis, we can find that is feasible and meaningful to integrated using of law and economics, resource economics, public economics theory and constructing analysis model of “residential land resource characteristics- residential land institutional arrangements- residential land resource performance”,furthermore,this kind of resource law perspective of residential land is different from the traditional property law perspective.According to this model to unfold research,we can find that the residential land resource have properties of scarcity,public ownership,personal items and other legal characteristics.Because of the unique properties and institutional arrangements of residential land,leading to people excessive occupy and inefficient use residential land resource,environmental degradation and other tragedy of the commons.Depth study of the "tragedy of the commons" of the residential land can be found that the root cause of the tragedy is present system do not match the resource properties, this discovery has been proven scientifically through the residential land system and resource performance in different periods since the founding of our country,therefore,the basic approach of eliminating the tragedy is to perfecting our residential land system and making system and its characteristics clever match.In view of this, the objective of perfecting our residential land system should be sustainable using the residential land resource,achieving maximum efficiency and farmers living a beautiful environment,etc, and to achieve this goal it isnecessary to establish a scientific residential land resource supply system, paid use system,time limit use system and free flow system.