Land Use Rights Funded Legal System

Production and management of corporation demands land. Land-use right of corporation can stem from allocation, assignment, transfer, lease and investment.Investment of land-use right is a complicated problem. First, subscribers of land-use right are complicated. Second, the process of investment of land-use right is more complicated than other investment means. Third, in the course of investment of land-use right, the assessment of land value is a very complicated problem. Assessment of land value is not only a law problem, but also a technology problem. Forth, corporation system in our country is complicated in present stage. Fifth, land is a special resource. Its circulation and utilization is restricted by land management law. Sixth, dispute emerged from investment of land-use right is complicated. It sets up obstacle to the cases settled by judicial officers.The complication of investment of land-use right determines its significance. But present theory isn't very profound. Present legislation has some careless omission. Settlement to the dispute on investment of land-use right in practice is a little chaotic. So, the research on legal system of investment of land-use right has great theoretical importance and practical importance. This article will discuss the problem of investment of land-use right from four aspects.Part Ⅰ discusses the realistic necessity of investment of land-use right. First of all, author analyzes the general value that the legal system of investment of land-use right brings to the establishment of corporation. After that, author analyzes the special value of the legal system of investment of land-use right under the background of quickening steps of State-owned enterprise reform, setting off gradually upsurge of corporatization and encouraging establishment of foreign-funded enterprise.Second Ⅱ discusses theoretical foundation of investment of land-use right. At first, author analyzes scarceness of resources, monopoly of resources and means of resources distribution from angle of economics. A conclusion can be drawn that investment of land-use is a reflection to scarceness of resources andmonopoly of resources, and investment of land-use right is a more beneficial means of resources distribution. Then, author analyses the possibility of investment of land-use right from angle of law science under system of usufructuary right and statutory capital system.Part Ⅲ discusses the concrete legal problems in the course of investment of land-use right. Author at first analyses the legal characteristics of investment of land-use right, the legislation division of labor on regulating investment of land-use right and the handling procedure of investment of land-use right as a whole, then expounds the problems such as records in corporation rules, assessment of land-use right value, supervision and restriction mechanism in the course of investment of land-use right, transfer of land-use right and so on.Part Ⅳ discusses defects existing in current legislation and puts forward concrete measures to overcome them. These measures include perfection of company law, State-owned enterprise reforming law, foreign-funded enterprise law, and perfection of legal system of land management. As a particularly important thing, in view of the obstacle in aspect of transfer of collective land-use right set up by current legislation, author puts forward some advanced points of view relating to how to invest with collective land-use right.