Analysis Of The Legal Nature Of The Lease Land Use Rights

State land leasehold system is a paid land use system by means of leasehold. In practice, state land leasehold system as a supplement to land grant system was first introduced in disposal of allocated land during the reforming of state-owned enterprises, after which it was generalized at local levels by enacting of specific application regulations. In academic community, the legal nature of leasehold has always been a heated subject. By analyzing theory and practice, this dissertation will explore the legal nature of land use right by leasehold and put forward proposals for the perfection of land use right by leasehold by referring to the system of superficies in civil law system.Part I is the introduction of land leasehold which includes: (a) the general overview of state-owned land lease system, (b) the definition of leasehold and retrospect of its legislation, (c) the beneficiary and contents of lease land right, (d) methods to enjoy leasehold, and (e) opinion that land leasehold right should be protected as property right.Part II analyzes the characteristics of land use right by leasehold. An analysis of the nature of land leasehold right is furthered from both academic and practical perspective. It will be indicated that although in PRC legislation land use right by leasehold is not categorized into property law for protection, it is done so practically which is evidenced by the registration of land leasehold right, a registration of the right itself rather than the registration of the lease contract.Party III analyses the influence of mechanism design of land leasehold right based on its nature of being property law. Land leasehold right and superficies were established for the same purpose which is to make use of buildings on the land in a better manner. They also have the same legal arrangement which is related to all rights of buildings on land. Therefore, based on superficies system for reference, this dissertation rearranges the structure of land use right by leasehold on aspects of expiration, transfer and bankruptcy. For instance, the transfer of land use right by leasehold is between the lessee and the third party, including sublease, assignment and mortgage. Subject to the superficies theory, transferring land use right by leasehold without the consent of the lessor is still valid.Given land leasehold right is property right it its nature, Part IV explores how to categorize the other two types of lease of realty, namely, lease of apartment and land use right, which in the view of this dissertation is open for more consideration.