Improve The Collective Thinking Of The Land Property Rights System

Based on Real Right Law, the thought of perfecting real right system of collective land devides the Real Right system into 3 parts: Ownership, Usufructuary Right and Real Rights for Security of collective land.Usufructuary right of collective land includes right to use the land, easement and leasehold.Since Chinese Constitution forbids trading Ownership of Collective Land, its falls to many restrictions. Concerning the properity, character and function, the right to use land equals to ownership of collective land. Thus the right to use land becomes the system core of Collective Land. Though the Right to Use Collective Land is not conceptionally traditional Civil Law, but this doesn't stop it turning to be a most important type of Real Right in system of Chinese and right. Right to Use Collective Land is functionally equal to Superficies Right of traditional Civil Law, but it has more content and it even covers Yongdian law of traditional Civil Law. As to the usage, Ownership is subdivided into Right to Contracted Management of Rural Land (Right to Use Rural Land), Right to Use Collective Construction Land) and other usage of Collective Land. Easement includes easement and leasehold of collective land. Security of Collective Land includes only Right to Mortagage.