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The Duration Of Land Use Rights Legal Research

Posted on:2008-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:W P ChengFull Text:PDF
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If counting from the first piece of land sold in China in 1987, China's implementation of the payable system of urban land for a limited period of time has been last less than 20 years. When the deadline is still far from the land use right market at the remaining term of the land use rights of different housing price reaction is not sensitive. But with the deadline approaching, the deadline for the issue of land use rights for land-use rights will be affected in the expected system, Investment in real estate developers, property rights to housing and real estate transactions treatment methods. Although experts and scholars from the appropriate extension of the term of land use rights, compensation standards and the empowerment of land-use rights, such as the right to choose who expressed different views. However, these do not resolve the fundamental problem of China's reality. However, an emerging force in the agrarian reform is causing us some concern, it is annual land rent system. Although its not a valid legal document which provides clear, consistent, However, some localities have begun to promote the annual land rent system and has made gratifying achievements.Due to historical reasons, China has the right to use a large number of operating sites allocated administrative nature, a considerable amount of land has not been fully exploited. On one hand, enterprises to enter the market, it is necessary to use all of its assets to engage in business activities, These include the use of the land assets in the market. Prohibit such use, will limit the survival and development of enterprises, and often repeated, despite its prohibition. And the current "first to allow the surrender of another market" rule, a general lack of funds in the case of enterprises, in fact, difficult to operate. The other hand, organizations and institutions in the grounds of insufficient revenue to the state, also have their own input in the allocation of land for business purposes. This will form the so-called "hidden land market". But because of the low cost of land transfer made, land allotted to the market with restrictions in the process of implementing a softening of the increment in the supply of land. At present, and there still exist over the future transfer of land use rights for people striving for the phenomenon. Many local authorization to "public interest" as an excuse to excessive requisition the collective land premium levy taxes, led to the rise of local governments to development zones, University City, the industrial park targeting new round of "enclosure movement." This land will become increasingly invisible market. Annual land rent system, lowering the threshold in the market for land users acceptable for standardizing land transactions order, play an active role in nurturing the land market. Besides, the transfer of annual land rent system will be able to promote these units economical use of land space, or the use of land. either idle land returned to the country, thus promoting the country from extensive to intensive land use changes. From another point of view, land use required to pay rent, the rent changes will cause lots of different uses. use it to take into consideration the cost of land, we can regulate land use through the rent system, thereby optimizing the structure of the land.Most of this article, there are three. First, in the introductory part of the article, the analysis of the relevant laws and regulations of China's legislative deadline for the right to use the land can not evade the problem; The first part deal with the analysis of existing laws and the property rights of the land use right period, my understanding of the state of legislation on the issue, pointing out that the formulation of the basis for the duration of land use and significance and analyzes the duration of the current law on land use regulations of the existing problems, from the maximum period was too short, ownership of the long-lasting nature of the ground with the limited nature of the conflict of land use rights, land use rights in the ownership of the ground after the expiration of land use rights after expiry of the priority sequence spaces Fuzzy renewed perspective, the right of renewal, the renewal of the transfer exposition identified seven areas; The second part, Comparison of land use rights in a foreign country or region in the period of institutional arrangements, accordingly analysis of its compatibility with the national conditions of China, the question of whether or not the view of China's domestic scholars to sort out and evaluate In this based on his personal views, and led to a system of land use rights for rent. The third part, focusing on annual land rent system. Make research in the follow aspect :the related concepts through rent, the rent system theory, the practice of annual, rent system and transfer system, and a lump sum payment of annual rent and the rent system to determine the scope of application Promotion rent system should detail the problems start.The paper makes innovative in the introduction of the annual land rent system as a form of rent supplement system to solve the problem of land use rights deadline and the issue of compensation for the use, the system analyzes the meaning and scope of the annual land rent system.
Keywords/Search Tags:land use right period, land leasing, national land leasehold system, annual land rent system, grant of land
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