System Dispute Research Of Transfer Land Use Rights

This paper expound on the current academic circles about transfer land use right systemof a series of controversial issues in detail. Don’t think transfer land use right should beabolished, it is not only based on considerations of historical reasons, more important isthe significance of their own existence, the existence of the system first in order to meetthe needs of public land, secondly the system complies with elastic rules of ownershipand land resources utilization of social standard requirements. Special usufructuarypositioning not only conforms to the basic features of the system, more helps to solveseries of problems caused by transfer.The land use whether to conform to the requirements of the public interest should be asa standard of judging can be achieved transfer land use right, but not on the basis ofland for the project is profitable, this is the inevitable requirement to solve the problemof China’s current land. Through the analysis of the current public interest disputes,affordable housing construction land belong to public welfare undertakings, shall beresolved with transfer means the supply of land, but this also produce some problems,such as whether economically affordable housing can be inheritted as heritage, etc.On the choice of system of land use right way, to enliven the state-owned assetsauthorized management, solve part because of historical reasons to allow conditionaltransfer land use right is of great significance. The lease is one of the best in positivelaw allowed property use of forms, but the transfer and evaluated have some problems,should make a corresponding change. In order to build a resource property and the unityof non-resource property transfer land use right state authorized operation system,reshaping the business form the allocation of land use rights, this paper argues that drawlessons from the trust legal system improvement of national authorization managementsystem, to divide the power of the state-owned assets supervision and administrationcommission, will be authorized to the operations of state-owned assets and allocation ofland use rights of land reserve center, to enliven the at the same time realize the value ofstate-owned assets.Although most of the current laws and regulations are not allowed to transfer land userights in bankruptcy, but, as a property right, transfer land use right shall give full playto its value, and provides the guarantee for company worker rights and interests ofcreditors, and land users pay a huge amount of money for the allocated right to the use of the land development, if back free of charge by the government, will be in violationof fair principle. However, at the disposal of transferred land use right shall be todistinguish the public benefits of land use, will not participate in the bankruptcy, forpublic welfare purposes rather than for public welfare purposes should be involved inbankruptcy.