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On The Circulation Of Right To The Use Of Cartilage In China’s "Urban Villages"

Posted on:2012-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:L J DongFull Text:PDF
GTID:2256330392963272Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
After33years of reform and opening up, China’s urbanization has developed morethan expected. Most cities have expanded3to5times their size at the beginning of reformand opening up, and some even more, which have gradually formed “Urban Villages”.“Urban Villages” is due to the rapid development of China’s urbanization efforts, ofwhich the overall administrative hierarchy in the city still retains, and the implementationof rural collective ownership, land of the nature and forms of economic organization haveno real change, but farmers basically no longer have farmland, only to be surrounded orsemi-surrounded by cities. In these places, although the villagers’ way of life and livingenvironment have been converging on the city, but according to the law, the right to the useof cartilage can not be circulated as freely as construction land. But with the land andhousing price soaring and inflation increasing in recent years, the right to the use ofcartilage in “Urban Villages” has been spontaneously broken through the circulation of thepolicy and legal constraints, which has formed a “hidden market”, of which the maincirculation means including rental, sale, homestead shares and other forms.With empirical investigation in “Urban Villages”, the author find there is not only abusy “hidden market”, but also people in “Urban Villages” are for the free circulation ofright to the use of cartilage. Therefore, according to the conclusions of the investigationand the experience of local government, the author proposes two modes of circulation ofright to the use of cartilage in “Urban Villages”–“conservative” free circulation mode and“comprehensive reform” free circulation mode. Both models have been applied by localgovernment, of which is hard to say good or bad, but which is the most appropriate oneconcerning their local conditions.
Keywords/Search Tags:"Urban Villages", right to the use of cartilage, Circulation
PDF Full Text Request
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