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Collective Land Use Rights Transfer To Legal Issues

Posted on:2008-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:K L MiFull Text:PDF
GTID:2206360215461281Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, great progresses have been made the state owned land system in urban, but little have been in the collective owned land circulation system in suburban. The system of collective land circulation is concerned with the tranquilization and prosperity of farmers, agriculture and countryside, and attaches great importance with the sustainable development of national economy and society. Hence, it is urgent to research and regulate collective land circulation. The successful experience in several testing city validates both the necessity and feasibility of the circulation of the rights of exploiting collective land, which will produce a positive effluence on deepening the land exploitation system reform.Based on field investigation and a great amount of documents, the thesis carries through a thorough research on the circulation of the rights of exploiting suburban collective land. This thesis falls into four parts, each of which is given a summary about their contents as follows.The first part employs as its grounding an introduction -to the basic situation of the circulation of the rights of exploiting suburban collective. It firstly defines several aspects of the three concepts of 'suburban collective construction land', 'land circulation', 'the rights of exploiting collective connotation of 'the construction land' such as the meanings, qualities and extension. The circulation of the on the basis stated above. rights of exploiting collective construction land' is Then, concrete models of circulation of rights of exploiting collective construction land in China are summed up as "two polarized markets and eight moddle.The second part analyzes the histry of circulation of the rights of exploiting collective construction land. Through the analysis on the status in quo of circulation of rights of collective construction, the chief problem existed are delineated, the inconsistency between existing legal regulations and circulation practices are brought forward.The three part analyzes the existing problem and causation of circulation of the rights of exploiting collective construction land. Through the analysis on the status in quo of circulation of rights of collective construction, the chief problem existed are delineated, the inconsistency between existing legal regulations and circulation practices are brought forward.Part three analyses the experience of circulation of rights of exploiting collective construction land of the testing cities. With a comparative analysis on the practice of circulation of rights of exploiting collective construction land in Guangdong ,it is beneficial to the reference of national law and regulation and advance of relating legislation through great difference oxisted, which is positive.Part four analyses the experience of circulation of rights of exploiting collective construction land ony its feasibility and necessity. The last case study points out that the circulation of rights of exploiting collective construction land follows the rules of market economy development based on the analysis on its feasibility and necessity.Part five explores the means of consummating circulation of the rights of exploiting collective construction land. Schemes and countermeasures of consummating and developing the system of circulation of the rights of exploiting collective construction land are brought forward on the summary of experience at home and abroad.Through the research on the circulation of the rights of exploiting collective construction land, two intentions are expected to achieve. one is providing theoretical reference for mechanism reform, it covers the problem that whether collective construction land should participate the market flowage, whether the series of problem after entrance into market can be solved appropriately, how to avoid the negative domino effects etc. The other is to propound policy suggestion for departments involved to formulate to accelerate the legislation and terminate the present chaos exploiting collective construction land .
Keywords/Search Tags:land circulation, collective construction, rights of exploiting collective construction land, transfer of rights
PDF Full Text Request
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