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Allocated Land Market-oriented Legal System

Posted on:2009-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2206360272489063Subject:Law
Abstract/Summary:PDF Full Text Request
The allocated land-use right is an important system for the land use of our country. As a main way of state-owned land using distribution and adjustment, the land subdivision plays an extremely important role in the process of economy instruction of our country. With the establishment of market economy system and the development of paid land use, as well as the fast growth of real estate market and the thorough reform of land resources market, the economic value of land commerciality becomes to appear. Meanwhile, the hindrance of stock allocated land-use rights in history for economic development also becomes clearly. People begin to realize these defects, which are caused by lots of extant allocated land-use rights, reason kinds of problems, such as the waste of land resources, low efficiency in the use of land, invisible market, the lost of state-owned land's revenue and so on. To heal this stubborn disease, the consummate market system needs to be introduced and established urgently for the allocated land-use right.The marketization of allocated land-use right has turned into an inevitable trend in the development of market economy. The practical economic development arises heated discussions about the marketization of allocated land-use right, and in the legal research aspect, these discussions include the legal nature of allocated land-use right, the process of allocated land-use right's marketization, and how to achieve the economic value of it. It is well known that characters of allocated land-use right are free, indefinite and immobile, and these make it fall to have the character as an independent property, but in practice, some regulations have begun to recognize the independent property nature of allocated land-use right. The promulgation of Real Right Law in 2007 concluded discussions. Basing on the Real Right Law, allocated land-use right is the usufructuary right, a usufructuary right holder is entitled to possess, use and seek proceeds from it in accordance with law. In the meantime, alienating could be done by an allocated land-use right holder under the limitation of allocation ways and the regulations of land use. Conversely, the definition of allocated land-use right' nature did not resolve the problem of its marketization adequately. Regarding to marketization of allocated land-use right, people hold different views, that which kind of allocated land use right to become market and how to achieve the economic value. Some other puzzles also appear in the filed of vision, for instance, if the free of charge of allocated land will influence the marketization, how does stated-owned enterprises deal with the problems of allocated land-use right during marketization, and how to handle the allocated land-use right in practical mortgage. How to annul the allocation of land, and how to become market by single lease way, such as these radical views developed into the hot points.The author tried to approach above problems by comparative analysis, historical analysis and positive analysis. The necessity of marketization of allocated land in current economic development is pointed out clearly, and the marketization of allocated land-use right is indicated as the essential means to push on the land allocated by market, as well as, the marketization of allocated land-use right is not a self overall reconstruction of this system. On this foundation, for the marketization of allocated land-use right, the methods and value of it has been studied by comparing different ways of marketization of allocated land-use right in our country. The problem, that if the free of charge of allocated land will influence the marketization and how does stated-owned enterprises deal with problems of allocated land-use right during marketization, are also analyzed piecemeal. According to the above research and the study of Land System of other countries in the world, the advices of instruction and development of allocated land market are provided: on one hand, discriminating the scope of marketization of allocated land-use right by revising the allocated land list as soon as possible, on the other hand, demonstrating the value of allocated land-use right by bidding, auction and other relatively fair ways.
Keywords/Search Tags:right to state-owned land, allocated land-use right, allocated land, marketization, public welfare (D912.1)
PDF Full Text Request
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