Study Of The Legal System Of Land Development Rights

The land development (abbreviated to "LDR"),i.e. the right of land usage alteration, exists as newly created right as to highly optimized and reasonable attributions of land resources. At present, the rules with respect to land exploitation are mainly the following: the rule of land use right and as well the rule of land use control. The land use right merely exploits the land of definite legal type and does not concern land usage alteration, which results unavoidably in inborn inadequacy to effectively optimize land resources. The rule of land use control makes out the administrative examination and approval authority based on national departmentalism and national interests, which one-sidely emphasizes that national intervention can be appropriately applied in regulating the relationship of land usage alteration, and hence which neglects the function of market mechanism and also the comprehensive function of both market mechanism and national intervention one together. The administrative examination and approval power, in the case, appears consequently as a kind of derivation from land use alteration and effective land resources optimization.The rule of LDR can merit the inadequacy of the above-mentioned two rules, and furthermore provides creatively a new rule choice for relieving the dominant contradiction in the relationship of human being and land,i.e. the paradox between the limitless of man's want of land and extreme scarcity of land resources.The dissertation describes the rule of LDR in the following parts.Part one land and land usage. This part desires to define the connotation and extension of land in law field, which provides the base for creating scientifically the rule of LDR. LDR can be defined as the right of land usage alteration, which refers specifically to the legal land usage. And hence, LDR can be explained furthermore as a right of legal land usage type alteration. The jurisprudence detect of legal land usage type is the necessary premise of depicting the particular contents of LDR.Part two Brief accounts of LDR. This part expounds generally the...