Study On Property Rights In The Reserve System Of State-owned Land

Land reserve system is a new management system of urban land, with the land and the property rights as its cores. The system is originally established for the regulation of the land market, improvement of the land utilization and protection of land rights. In practice, however, it is questioned from all sectors of society. Due to lacking of a unified law to norm the land reserve behaviors, the system is even used as a tool for the government to increase fiscal revenue. Many local governments are suspected to violate the Chinese Property Law in improper land reserve modes. Thereby, the land reserve system provides a convenience for the government’s abusing of public power against the private property rights, and even leads to the government to be the chief culprit making people "homeless"Land and the housing property rights are closely related to people’s lives. The real estates are the most important assets for the vast majority of citizens. Therefore, it is of great realistic significance to discuss the property rights in land reserve system.This paper is divided into five chapters:The first chapter introduces the basic problems of the land reserve, including its definition, contents and legal nature, providing the foundation for the further study on the property rights in the land reserve system.The second chapter mainly analyzes the related theories of property rights in the reserve system of state-owned land, including the ownership of state-owned land, rights of preemption and land development, providing the foundation of property rights for the necessity and rationality of the land reserve system.The third chapter focuses on the exploration of the state-owned construction land use rights in the reserve system. The construction land use rights in the land reserve are dynamically analyzed for discussion of the registration system of construction land use rights and problems in dealing with the mortgage right of the land reserve.The fourth chapter explores the house property rights in the state-owned land reserve system, and focuses on the analysis of the ownership of house on the ground in the state-owned land reserve and the ways handling of other property rights.The fifth chapter probes into the protection of property rights in land reserve system. Based on the specific manifestation of the existing land reserve against the land property rights, the reasons for the above phenomenon are analyzed, and the specific suggestions are put forward to improve the protection of property rights in the land reserve.