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Study On Land Development Right

Posted on:2013-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2246330371491527Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
From old times, land has been vital to the national economy and the people’s livelihood. At present, China has stepped into the key stage of economic transformation, and varieties of issues are emerging, of which the issue of land is especially prominent. There exists a contradiction between high economic development and limited land resources. The defects in existing laws and regulations lead to poverty of rights, resulting in the fact that the legal interests of the subject of land right are damaged. The paper chooses land development right as research topic, and hopefully presenting a brand new approach to solve the issue of land.The paper consists of five parts.Part1is about the interpretation of land development right. This part introduces the origin of land development right, analyses kinds of conceptions of land development right and points out the connation of land development right. Land development right is the right by which the land owner or other land right holders legally change the land uses or enhance land density. In addition, the paper points out the legal characteristics of land development rights and the significance of the establishment of land development right.Part2is about the nature of land development right. The paper considers it as private right and real right, and then analyses the distinctions between land development right and other similar rights, laying a solid theoretical ground for the dependent existence of such right.Part3is about the contents of land development right, including use right, profit right and disposal right.Part4is about the norms of land development right. This part analyses the defects of existing laws and regulations related to land, and give suggestions about the regulations related to land development right in a comprehensive way.Part5is about the exercise of land development right. The part is from two perspectives. One is the approaches of exercising land development right, that is, TDR and PDR. The other is the values of land development right to land condemnation:the establishment of standards for compensations of land condemnation and the indication of subjects enjoying and sharing compensations of land condemnation.
Keywords/Search Tags:land development right, private right, TDR, PDR
PDF Full Text Request
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