Research On The Land Development Right Of Rural Collective

The land development right was created for the purpose of dealing the problems,whichwas brought in the process of urban regeneration and land development. The internal scholarswork on the land development right late,they don’t reach a consensus on basic theories asyet,there isn’t any legislation about the field neither.However,the land-use situation is nolonger what it used to be,especially for the land development of rural collective.The problemsissued by the expropriation,as well as farmland protection while we are using the land of ruralcollective,are challenging the existing rules and the systems of land rights.The article works on the land development right of rural collective.In the process ofstudy and analysis,we apply ourselves to bring new thoughts to the construction of legalsystem of the land development rights of rural collective.The article is divided into three parts.The first part discusses the basic theoreticalissues.The second part demonstrates the necessity and the feasibility of creating the landdevelopment right of rural collective.The third part compares the land development right withthe collective construction land use right,searching for the advantages from each other.Afterthat,we form several viewpoints as follow.The land development right of rural collective is a new type of property right,with whichthe obligee could enjoy the extra interest after the rural collective land being developed.Thedevelopmental usage of land is defied as altering the use of land or enhancing the intension ofland use.The using power could be restricted by the plan of land utilization and land usecontrol,but the earning power shouldn’t be deprived for free by the government. The farmersshould be entitled to share the additional profit going with the development of the ruralcollective land.The land development right of rural collective,which could get along well with the staticland rights such as the land ownership and the land-use right of rural collective,is a sort ofdynamic land right.Some relative systems should be constructed to make the landdevelopment right of rural collective working more smoothly.