Rural Land Circulation For The Legal Problems Of The Land Used For Tourism Research

With the progression of traditional tourism into modern tourism, the ways oftravelling of the tourists have undergone continuous changes. Modern tourists paymore attention to returning to nature. Therefore, the vast countryside with beautifullandscape, particularly the suburbia areas with convenient transportation, becomes thehot regions of investment for tourism developers. Different tourism developmentforms have taken place in countryside. Concerning with the economic output, largenumbers of farmers have transformed their lands into tourism lands. Through thistransformation, the adjustment of internal agricultural structure in our country hasbeen enhanced, meanwhile; the non-agricultural income of the local farmers has beenimproved. However, many legal problems exist in this transformation due to theimperfections of our law system as well as the irregularity in the practice of law. Thus,how to address these legal problems will be the focus of this thesis.This thesis firstly uses literature review to make a summary of land problem fortourism both at home and broad, as well as the legal problems on domestic rural landtransfer. Based on this, it defines the “rural land transfer” and “tourism land” in abroad sense, analyzes four patterns for rural land to transfer to tourism land and theoperational law environment. Secondly, it analyzes in detail, from the perspective ofownership transfer and use right transfer, the legal problems existing in the process ofvarious forms of rural lands transferring to tourism land, including the problems ofthe law system per se and the problems in the actual transferring process. Then, basedon the case of Madu new countryside construction of Jinshui District in Zhengzhoucity, Henan province, this thesis has made a thorough study on this by the means ofcase study. Finally, it proposes corresponding regulations from seven aspectsaccording to the legal problems appearing in the process of land transfer.