Study Of The Use Rights Of State-owned Base

either of Land Law or of Property law .Right to the use of land is the core of landed property right in the legal system of China. However, it is not absolutely a style of right of property but a bunch of rights including several right to the use of real property, so the point of this article is to make the right definitely and exactly. The principle should be observed to set up the system of landed property right and frame of reference to define all the rights to the use of land were talked about firstly, on the base of which, we proved the position of right to use of state-owned land for construction in the system of rights to use of land, then we studied it concretely. Land forconstruction in the article means the land be planed accord with the laws and regulations relatively to he used as the site of construction and other structures. Right to the use of state-owned land for construction is the lawful right which individuals gained to occupy, use, make profits and other liberty on state-owned land for construction. In my view, individuals who have the right to the use of the state-owned land for construction should take a lump sum of liberty to make full use of land, which is defined by liability and mainly include the rights of occuping, using and making profits. The limitation from ownership, third party right, planning authority and land requisitioning authority make up the confine of the liberty above. Right to the use of state-owned land for construction is remarkably deferent from the right to construct on the land in the field of legislation of ownership , goal of law, method and condition of installation and content, the reservation for the conflict between the ownership of house and right to the use of land is useless. Individuals who have the right to the use of state-owned land for construction should have liberty to set up the right to the use of the roomagc related to land and should obey the plans for land utili/ation, however, if some of the rights of the individuals who use the state-owned land were requisitioned by the state, the individual should be give right to gain compensate from state. Allocated right to the use of land should be reformed, which should be transform to the right to (he use of state-owned land for construction except the land used by the machinery of government or for commonweal. And the system to pay the land-tax yearly is effective method to promote the transforming above. Right to the use of state-owned land for construction should not be set up on the reason of limitation, but for the right which has been assignment, taking by prescription should be permitted.