Improve The Legal Thinking Of The State-owned Land Use Right Transfer System

In the fifth session of the 10^th National People's Congress, Real Right Law had been passed. It builds up the basic structures of real right in our country as an intact Real Right Law. It equally protects public ownership and private ownership. So the right of the use of construction land has gained an equal status with state ownership. It means enormously to improve the legal systems of the right of the transfer of the use to the state—owned land.This paper mainly introduces how to improve the system of the transfer of the right to the use of the state—owned land. The first chapter is mainly the analysis of its background. Horizontally, the writer studies the current situations of the use to land in foreign countries. Vertically, the writer studies the development of the use to land with payment in history. Not only the second chapter expounds the theoretical foundation of the transfer, but also expounds the theoretical foundation of the right of the use to land can be transferred in public—owned land system and the legal nature of the behavior of the transfer. The third chapter begins from the legal system of the transfer in our country, studies the system, particular articles and contents of standardizing the transfer, points out the shortcomings in current legal systems. The forth part, as the most important part of this paper, mainly proposes some improvements regarding these shortcomings in legislation system, civil law and political administration law. The last chapter is a summary, generally points out the direction of improvement in legal systems after Real Right Law had been passed.