Construction Land System Research

First, this article has introduced the evolution and changes of the legal system for construction land after the state foundation from the angle of history. The present writer has summed up and pointed that after the foundation of the People's Republic of China, the evolution and changes of the legal system for construction land has been separated into four phases: the first phase is the initial phase of the legal system for construction land in our country;the second phase is the period of the Great Cultural Revolution or the disordered period;the third phase is the readjusting period advancing torwards the way of administering the state affairs according to law during the period from the Third Plenary Session of the 11^th Central Committee of C.P.C. in 1978;and the forth phase is the transferring period from the plannned economy to the socialist market economy started from the end of the 1980's and the beginning of the 1990's in our country. For the above four phases, it is said longitudinally that it has the law to accord with, and it also means that the construction land in our country has changed from uncompensated use to compensated use and from administrative appropriation to market selling.On the basis of introducing the evolution and changes of the legal system for construction land after the state foundation and combining the problems the present writer met in the course of his social legal services, the present writer has made introduction, comment and analysis for the sucessful points and existed problems of the cuurent legal system of construction land in our country with long space and four parts from the angle of law. The first part is the resources of construction land in our country, the second part is the leal system of selling the state-owned land-use right in our country, the third part is the leal system of administrative appropriating the state-owned land-use right in our country and the forth part is transferring the state-owned land-use right in our country. On the above basis, the writer has offerred four suggestions and ideas in particular for the future development of the construction land's legal system in our country: (1) We should newly examine, design and locate the state-owned land-use right in our country (It here by means the transactionalstate-owned selling land), set up the system of titles of real estate with the core content of land-use right, and make sure the land-use right to the actual land users really. And the current state-owned land system can be preserved, but it must be stipulated clearly that the state-owned land is only a political symbolism;(2) The land owners in countrysides have their right to determine if their land can be changed into construction land or how they can be changed into construction land with ripe conditions and after discharging some administrative examining and approving procedures, so that it can fulfill the equality of the collective land ownership of peasent and state-owned land ownership. Certainly, it does not include the land needed to take over for use for the aim of welfare with strict national meaning;(3) It now can be considered to draw the trouble-track system of sale and appropriation for the supply of current city construction land close to the selling one-track system and cancel the land appropriation system;(4) We should establish a unified and high efficient real estate management system, readjust, persuate and eliminate invisible land markets, and meanwhile, also set up and perfect and improve the visible land markets. Finnaly, the writer has simply introduced and analysed the stipulations of construction land-use right in the Law of Real Rght of the People's Republic of China (Draft plan) combined his practice. He pointed that the Law of Real Rght of the People's Republic of China is very necessay and has a great significance and had made clear a part of disputed conclusions in the educational circle with legal method. But meanwhile it also has some insufficient points and the points to discuss, such as it can not make enough protection to construction land-use right, has too restriction to the authority of construction land-use right in the countrysides, etc.