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Civil Law Research On The Sharing Of Land Interests During The Process Of The Integration Of Urban And Rural Areas

Posted on:2013-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:M YaoFull Text:PDF
GTID:2256330395988063Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the acceleration of the process of the integration of urban and rural areas, thesharing of land interests is getting to become a crucial problem which influences thedeepening of social reform. The purpose of this article is to base ourselves on the actualdemand of all obligees, to achieve integrated framework of the legal system ofland-benefit-sharing through the improvement of the land law system, and to make allobligees fully share their land interests.The main content of the article are as follows: the introductory portion sums up thecontents of the article, gives an introduction of the theoretical significance and practical valueof this research, explains basic thoughts, methods and innovation points of the article. Thisthesis is composed of four parts besides foreword:Part1: Overview of the sharing of land interests. Briefly describe land and its natures,functions. Introduce the contents of land interests. Investigate the history of land tenuresystem and current status of land benefit-sharing unbalance.Part2: Probe into the causes of land-benefit-sharing unbalance. This part includes:Rethink the problems based on the double-track system of the land ownership. Analyze thepredicament faced by collective land ownership. Probe into the status of land-use right inChina’s Real Right Law and its unreasonable points. Separately discuss the existing problems of the land contractual management right, land-use right for construction purposesin urban areas and land-use right for construction purposes in rural areas. Introduce the landdevelopment right system from Britain and the United States and analyze the relationsbetween the lack of land development right system and land benefit-sharing unbalance inChina.Part3: Assess the path of improving civil-law-adjust mechanism of the sharing of landinterests. Firstly, it introduces3reform schemes for collective land ownership, analyses theiradvantages and disadvantages in detail. Secondly, the thesis clarifies the great significance ofthe legal fiction that land-use right is set to a property right which is independently andfundamentally, and approaches a subject that this action would promote the refactor ofpowers and functions of the land ownership. Analyze circulation predicaments of the landcontractual management right and the use right of the house site in rural area. In the portionof land-use right for construction purposes in urban areas, the author explains the strongpoints of annual land-rent system and introduces the annual land-rent system in Hong Kong.Lastly, in the process of borrowing ideas from the land development right system fromBritain and the United States, this article discusses the following two questions: Who shouldenjoy this right? Whether the value-added benefits derived from land developing should bereturned to society?Part4: Detailed designs for the legal system of land-benefit-sharing. When it is designedthe balance between equality and efficiency should be taken into account. In Specific aspects, the two values should be emphasized respectively. When collective lands are nationalized,we should carry out the replacement of the land-use right step by step. The governmentshould set up a special agency which is leaded vertically by the Central Committee toexercise the ownership rights on behalf of the nation. The representative of the NationalLand Ownership should be designed by three levels whose center is provincial level. Theauthor advocates the legal fiction that land-use right should be set to a property right whichis independently and fundamentally, and gives advices about the refactor of powers andfunctions of the land ownership. In reference to the land contractual management right: Therestriction of its circulation should be eliminated and allow it to circulate freely withoutchanging the purpose of land. To promote the rational use of land and avoid wasting ofresources, land idle period should be settled. Reserve the priority of the collective. Make theresignation system clear and perfect which aims at protecting and circulating the landcontractual management right. In reference to land-use right for construction purposes inurban areas: After introduced the annual land-rent system, the author divides the applicationrange of the annual land-rent system and leasehold system. Modify irrational regulations inthe existing law. In reference to land-use right for construction purposes in rural areas: Thearticle takes up the position that the use right of the house site in rural area should circulatewith restraint and members outside of the collective should be allowed to become recipient.Establish the reserve system for purchasing house site. Land for collective infrastructure andpublic welfare should be brought into government functions by the way that the government levies construction land to use or transfers land development right. Establish the landdevelopment right system with Chinese characteristic. And try to make the specific design ofthe system to balance the national macro-control and market mechanisms. Taking variousfactors which make up the reasons of land-benefit-sharing unbalance into account, the thesisprovides a complete and systemic solution.
Keywords/Search Tags:land interests, state ownership of land, land-use right, landdevelopment right
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