Study On The Legal Regulations Of Land Use In Effect Of China

Land is the most important natural resources for human beings to live and develop. It is not only resources, which has ecological value; but also assets, has economic and social value. Land, like a mother, gives birth to all living things on earth and is the source of production and existence. It has the characteristics of the natural resources, at the same time, land has some unique property in the process of long-term use. The development and utilization of land resources refers to human beings according to certain purposes and through certain means to the most fully play the unique functional benefits. The benefits of land resources have economic, social,ecological and ethical benefits. The effective use of land resources is under the theoretical guidance of sustainable development to set up law system to guide people to fully utilize land resources in balanced and comprehensive way.The construction of any one legal system in a country, has its historical backgrounds, which can be more obviously reflected in the laws about the field of the utilization of land. It will play a very important role for us to understand and reflect today’s Chinese land systems by rethinking the history of the evolution of land systems. Land law system is an important part of national law system in the long river of Chinese history. The setting of the ancient legal system of land ownership is divided into state-owned land and private land. The government impose strict high-handed policy in the transfer of land ownership. In the faming society,the use of industry technology harms little to the land resources, and the ecological restoration of function of the land resources is enough to cover up the damage cased by the agricultural use of the land, so the use of land mainly focus on the the pursuit of its economic and social functions. But the central government crazed in pursuing the capacity of the land, the original ecological excellent land was also suffered irreparable damage, which caused a heavy price to the natural environment that warned that human beings should use land resources rationally.In the modern society, the government drafted all kinds of legal rules and norms for land ownership, the transfer of rights of land use,and the protection of land resources. Because these systems only aim at the pursuit of the benefits of land and the method of setting up laws remains to complete,the use of land resources is facing a sever test.The thesis is based on the analysis of the shortcomings of the current Chinese land legal system and the guid of the theory of sustainable development, it included that it is an inevitable choice that human beings should take advantage of land resources by improving land legislation and changing the concept of using land resources to realize all kinds of benefits of land resources in a balanced way. Only in this way can we achieve sustainable development of land resources to benefit from the fields of economy, society, ecology and ethics.