Legislative Research On Allotted Land Use Right Rent

The rent of allotted land use right is an important mode of land circulation, it canrevitalize the stock of land to a certain extent, prevent loss of land assets, optimize theallocation of land resources, and make the healthy development of Chinese land market.However, there are few theoretical researches on related problems of the rent of allottedland use right, relevant laws and regulations are still not sound. Related theoryresearches on the five questions about the way of allotted land use right rent enter themarket、annual rent adjustment、determination of the lease、sublet land treatment andland recover are rare，and relevant laws and regulations are not detailed or mentionedat all. About the way of allotted land use right rent directly enter the market, it’ssuggested that turning over the land benefit to country or going through the land transferformalities are all ok, and it can be chose by lessor and lessee of allotted land use rightrent according to the actual situation. It takes on a case by case basis in the judicialpractices, it takes multiple perspectives such as land user categories, the actual land useafter transfer, to determine whether to enter the market directly. From the national andlocal legislation and practice point of view on the annual rent adjustment of allottedland use right, there are some problems such as lack of adjusting time limit，adjustingway and the scope of relief is not unified, and it’s suggested that taking3～5years leaseas adjusting time limit is appropriate. It’s best adjusting way to adjust based on thereassess of land price. Relief enterprises should include national policy supportenterprises, state-owned enterprises, joint-stock enterprises, unprofitable enterprisewhich are annexed in assets reorganization, asset-liability ratio more than95%and haltproduction more than one year enterprise, turnaround production project, pollutantenterprises and retreat city enterprises which will be relocated within a deadline madeby municipal government’s decision. About the different point of view on thedetermination of the lease in theoretical circle and the different practice, it’s suggestedthat prescribing the lease less than ten years is appropriate, and shall not exceed twentyyears. About the land disposal of reletting the allotted land use right, there are twodifferent attitudes in regional laws: one is allowed to sublet, the other is forbidden tosublet. From the benefits of allow sublet, it’s suggested that allow sublet and restrictingin two aspects: procedure and effectiveness are appropriate. About the land recover ofthe rent of allotted land use right, one is because of the social and public interests, the other is due to the lessor. It’s suggested to define the scope of public interests, definitudewhether to compensate for the reason of the land recover due to the lessor, andconsummate the compensation scope, procedures and standards of the lessor、lesserand sublesser.