Legal Research On The System Of State-owned Land Use Rights Authorized To Operate

State-owned land use rights authorized to operate is a way of disposal to the allocation of the right to use state-owned land in the reform of SOEs , the effect of which is based on The Interim Provisions of the Management of the Allocation of the Right toUse State-owned Land in the Reform of SOEs (The Bureau of Land Management Order〔1998〕NO.8). It has demonstrated important effects in supporting the reform of SOEs , especially those large ones since the state-owned land use rights authorized to operate was established, made an effective cost reduction in Restructuring of SOEs , strengthen the competitive ability immensely of SOEs and enlarge the very influence to economy of our country .However, the system of state-owned land use rights authorized to operate has long been controversial since its establishment. Whether it is from the design of the system or in the system in practice there are some defects and difficulties.This paper analyzed the concept and legal characteristics of the state-owned land use rights authorized to operate, made a comparative analysis between the state-owned land use rights authorized to operate and other modes of acquisition of Land use right. Put forward that the state-owned land use rights authorized to operate has double natures: the administration and the marketization, and its five main defects in system design level through Systematic analysis. It analyzed the difficulties of registration, transfer and regulatory that the state-owned land use rights authorized to operate faced in practice. Paralleling with the gradual deepening of the socialist market system, those system defects and practical difficulties are picked out in red. To a certain degree, it has already impeded the fair competition in the market and influenced the fair division of the reform results of SOEs, the state-owned land use rights authorized to operate have already accomplished its historic mission, and should quit from the historical stage. The key to establish the escape mechanism of the state-owned land use rights authorized to operate system is to promote its marketization, and to carry out market reform in accordance with the legal 's recognition ways of the paid use of land. This paper compared three kinds of ways of the paid land use recognized by current laws, and finally put forward that investment (shares) is the best way to achieve the marketization of the state-owned land use rights authorized to operate.