The Jurisprudential Analysis Of Land Management Rights

With the rapid economic development of the original clear, fixed land ownershipand management is beginning to show the dynamic, complex, population movementto accelerate the continuous expansion of city size, the City and County People’sGovernment for the transportation, residential, and a large number of infrastructurerequisition the outskirts of the city and surrounding land expropriation process, that is,changes in land ownership and right to operate the process, this change because of itshuge real estate economic value different from the general property rights changes,expropriation acts along with the development, new development process, such as realestate developers, speculative common pursuit of profit, local government and variousinterest groups, interest groups goals and conflicts of interest are intertwined, so thatthe original complex land ownership and management rights to stream to change moreblurred. Typical of the change of ownership of state-owned land is a collection oflocal government behavior, typical of the right to operate changes the allocation ofstate-owned land and paid to sell cheap impose high prices thrown, and so unlawfuland unreasonable flow of behavior, and serious damage to national collective and theinterests of citizens and the law on the transfer of state-owned land just to makesimple rules, such as the "Land Management Law","state-owned land on the housinglevy ’Compensation Ordinance, the Urban Real Estate Administration Law seems tospecification to complete all aspects of the form, but in fact operate no laws,legislation is the apparent lack of logic, precision and operability, leaving the grayareas of the law to the lawless and corrupt, long-term past, serious damage to thesocialist market economic order to destroy the country the integrity of the staff.The establishment and penetration of the commodity economy closed in rural areas andopening up, liberalization, farmers from the land bound gradually to the influx of the town, thewestern region the majority produced by rural land value is far lower than the individual migrantincome, farmers lost their passion for the land, land abandoned abandoned the phenomenon of thelarge area of rural land you want to maximize the economic benefits just by farmers own theoriginal farming is impossible, you need to land the right to operate and urban land, likecirculation up, rural land management right in the form mainly as contract, subcontract, lease, exchange, transfer of shares, but the circulation in the form factorby many unreasonable constraints does not really play a role in increasing efficiencythrough the circulation. Rural land property rights are not clearly defined, and existinglaws and regulations on the transfer of land contract and management provisions ofthe inherent conflict, the flow of relatively closed and narrow, enjoy less than the realbenefits of farmers spontaneously choose to abandon the legitimate rights of the landowned by China’s problem is rural issues is the issue of farmers, land is the basis andsource of the life of the peasants, rural real estate can not do its fertility to invigoratethe economy is apparently contradictory to the national conditions of population andlittle arable land, if not promptly adjust the laws and regulations lag will causepeople’s livelihood issues.In view of its above-mentioned reasons I tried through the study of landownership and management rights transfer real drawbacks, the combination ofland-related laws and regulations to make a legal Analysis, in order to serve as areference.