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Analysis The Case Of Ma Haiti And Li Yulan About House With Limited Property

Posted on:2012-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhaoFull Text:PDF
GTID:2246330374996376Subject:Law
Abstract/Summary:PDF Full Text Request
A house with limited property rights is a concept established by usage. Although there is no form explanation about it either in Economics or Law, it appears in the documents of General Office of the State Council frequently. The concept of houses with limited property rights grows out of our country’s special social background and legal system. Opinions on its legality vary from scholar to scholar and department to department. The current legislation on the house with limited property rights does not consider the terms of the interests of farmers, making the current increasing number of the house with limited property rights disputes.There is an increasing number of the house with limited property rights disputes, is not only the reasons for the market regulation, but also the current legislation dose not take into account in the interests of the house with limited property rights behind the game and there is reason for a balance. Now, there are so many cases about the house with limited property rights. The court’s decision care of current law and regulations, but the decision is based on the law which did not take into account the interests of farmers. So these decisions may be unreasonable.Considering the interests of all stakeholders, making best use of the advantages and bypass the disadvantages, admitting its legal status as well as restricting in somewhat necessary aspects. Also, we can achieve a balance between state interest and collective interest, unifying legal effect and social impact, establishing land plans and execution plans reasonably and strictly. Through the improvement of land circulation system in our country to solve the problem of the house with limited property rights.
Keywords/Search Tags:Houses with limited property rights, the Case of Yuan LI, Landcirculation system
PDF Full Text Request
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