On The System Of Allocated Land-Use Right In China

The legal system of allocating land use rights is the formed during the plannedeconomy period, when the government allocated state-owned land to the users free ofcharge in indefinite duration. As with the scattered use of state-owned land, whetherfor public purposes or commercial purposes, they are all means of administrativeallocation of land. After reform and opening up, with the establishment of a system ofcompensated use of land, the land use rights system is still in application, followingthe legislative re-positioning.However, the simple and indiscriminate application, as well as the inaccuracy ofthe positioning of the land use rights, results in the chaos of China’s land market,which is not conducive to the establishment and development of China’s unified landmarket order. Moreover it also led scholars to discuss the abolition of the land userights system, as well as the discussion to distinguish between its type of legal natureand the use rights of land. However, the main problems of land use rights system areas following: the scope of land use rights is too broad; the legislation of unpaid landuse rights caused actual conflicts; the implementation of land use rights system ischaotic, which leads to the emergence of stealthy land market; the regulation is absent,allowing land use rights for the market-oriented partition without distinction.On the basis of a careful analysis of problems and causes, macro ideas are putforward to solve the problems. Public allocation of land use rights and non-publicland use rights will be allocated based on the division of land use rights; theincreasing acquisition of land use rights should be strictly limited to the above publicpurposes, and "public purposes" will be strictly identified and supervised; For thestock of different types of land use rights, franchise organizations will be establishedto implement management, which respectively take a different specification methodsand disposal principles; The transfer and disposition of non-public land use rights areallowed on certain conditions; It will mainly adopt the land use right transfer-basedrent system, with the supplement of strict restrictions on their appraised value and theform of authorization and management, further promoting the reform of system of land for paid use. Through integration and innovation of the legal system of land userights, a new and entirely different "dual track" system of land use will be established.