Land Assign, Transfer, And Requisition System Of The Chinese Mainland And Macao Comparative Study

First 15 the brief descriPtion ofvous legal sourees inMinlandChina and Maeau．Then fromthe analysis of their diflent econoebackgrounds,tome a eoffarative study on the legal problems arisingomLd conveyanee,transference and Land requisition．Using theirvation as point of referenee,the aim of this paper 15 to select thoseparts to be enacted in the land system in Maeao． Seeondly,to discuss the historieal development and refonn of landsystem in these0 places before an analytieal eompson 15 made．AsinMad Cho trace from the privateoershiP oflandintheearlydays to the publie ovnership,whieh was established in 1949．Later,afternumerous transitions,the market eeonomy 15 gradually formed as landean be conveyed and transferred．As in Macao,the fonnation of landsystem ean be dated baek to lst．December 1887 when China and Po血galsigned the"PortUgal一China Reeoneiliation and Trading Treaty,,inPeking．Under this treaty,Maeao beeame the eolony of PortUgal．Toestablish its eolonial mle,the Poguese gradually enforced their legalsystem in Maeao,thUS forming the charaeteristies of land system thereinthe period beeen 1 887一1999． hi the third part ofthis paPer,to comparethedifferentwaysofattaining the right of land use between Mainland Cha and Macao．Basieally,the grant of land in these two places 155ilar．Tre are threeways in eommon:agreement,bid and auetion．The governmentsinMainland China and Macao usually grant the right of land use byagreement．Besides the aforesaid method,the main differenee lies in thect that the right of land use in Mainlan．d China can be acquired bya山ministrative act Whereas in Macao the ownership of land ean beobtained through sale in the market． The fourth part of this paper describes the preseribed period in theright of land use and its tenInation in Mainland China and Maeao,Pursuant to theterinl RegUlations Goveing the Conveyanee andTransferenee of right to the Use of the stateowned city and Town Lands,of People,5 Republie od China,the preseribed period to exercise the rightin the use ofland 15 fixedinMainlandChina．AssovereigntyofMaeaoisremed to China in 1 999,the right of Iand use expires in the 1 gth．Deeember 2049,From the onwards,Maeao will abide by the land polieyexeeuted in Mainland China．The way to tennmate the tight of land use 15generally the same in these two places:mainly when the preseribedperiod exPires or the govemment rePossesses the right of land use earlierthan prescribed for the sake of exeeuting the general plan．Besides,rightof land use ean to tennlnated for land 1055 eaused by floods and any othernattiradisasters；or right 15 reseinded as the grantee breaches the conctor city planning and when both the landoer and the land user agreetotenninate the cofltract and thele． In thefipart ofthis paPer, to Iook at the eomParison in the landrequisition systems in Mainland China and Macao．The sarne tenn"landrequisition,,15 used in these two places．However,as there are different勿pes of land ownership,land acquisition,thoughs让nilar innre,15quite distinetive in eertain ways．Tmaln differenee 15 that landacquisition can be comPulsory in MaandCa as land 15 requlsitedwithout the aPproval of the landoer and 15 not exeeuted in aceordaneewith the Iegal procedures．In Maeao,the eontinental law system 15adopted．To deprive of private land ownership 15 highly restricte氏as eanbe seen in the land requisition system．It 15 done only after mutualagreement 15 reaehedn the market． Finally,from the analytieal eomparison on the aforesaid legalproblems in Mainland China and Maeao,and With referenee to theeXPerienee of land legislation in the developed areas nearby,the authormay depiet a good framework for the land conveyanee,transferenee andland requisition system in Maeao．...