Land Use Right To Recover Legal Research In Advance

As the rapid development of market economy in China, the land market is gradually established. The potential commodity value of land which is veiled for a long time release immediately and the system of payable use of state-owned land release its systematic energy gradually. In above situation, the right of using granting land becomes the key point of the land utilization system and the private rights protection. Calling back the right of using of land in advance based on the public interest is the result of the development of socialized property, which has sufficient legal principle basis. The calling back of granting land is not an limitation and illegal intervention to using right of land on the basis of the property of land owner, however, it is a public behavior which is carried out by administrative units in the purpose of maintaining the public interest. In another words, it means that all the civil rights including the right of using granting right must submits to the legal state behavior. But at the same time, to protect the private property right is also the core of legislations of countries, so an improved systematic regulation is required to regulate the behavior of government and protect the rights of users of granting land. At present, there is no concrete regulation about the calling back of right of using granting land on the basis of public interest at the state level's legislation, such as the substance, the procedure, the standard and method of compensation. Though some local governments have made some regulations on this issue, it also lacks of operability. Therefore, this paper aims to compare the same legal substance between calling back the right of using granting land and land expropriation, derive that the behavior of calling back the right of using granting land belongs to the behavior of land expropriation and establish an unified land expropriation system including the expropriation of both collective land and granting land.The whole paper apart from introduction and conclusion includes three chapters with more than 30,000 words.The first chapter is about the basic theories of right of using granting land system: 1. the background and causes of payable use of land system concluded that calling back the right of using granting land relates to the payable use of state-owned land; 2. the realistic and theoretic basis of calling back the right of using granting use; 3. the object of calling back that is the right of using granting land is an independent property right; 4. the legal substance of the behavior of calling back the right of using land and the right of using granting land and land expropriation is substantial the same.The second chapter is the review of calling back the right of using granting land. In this chapter, the author finds out all the legislations and regulations related to the right of using granting land, including state level and local government level and analyze the shortages of calling back the right of using granting land.The third chapter is to establish a new system of land expropriation including granting land. Firstly, the author analyzes public interest that is the precondition of calling back. Secondly, the author makes a design of the procedure of calling back the right of using granting land. In the end, the author points out that the standard of compensation should base on the "marketing price". In addition, the author also wants to establish a legal compensation system of land expropriation.