Research On Capitalization Of Allocated Land-use Right From The Perspective Of Law System

The essence of capitalization of administrative allotment of land-use right is the processof full utilization and optimization of optimization; it’s also an important approach topromote the economic development of China. The exploration of reform and opening-up canbe understood as that of capitalization., and Land-capitalization now. Has turned afashionable tendency under the current economic globalization background, which Chinashall follow.(Under the background of the economic globalization, land capitalization hasbecome a tendency which China shall follow.)China’s implement of the public ownership means any land whether is state-owned landor rural collective land. Moreover, only state-owned land can be used to non-agriculturalconstruction. Users can attain the right of the application of the land by administrativeallotment or purchase. The present legal system’s view towards the capitalization of theadministrative allotment of land-use is affirmative which results in rather the low levelcapitalization of land with an unfavorable influence of China’s economic. It’s difficult toengage in an overall land capitalization in short period. Capitalizing the administrativeallotment of land-use right first will not only gain experiences for the profound achievementof land capitalization, but also effectively settle the existing problems such as the soaringcontradiction between land and human being, low utilization of allotted land, the applicationof administrative allotment of land-use right during the reform of state-owned company,invisible land market, etc.There are four parts in this thesis: The first part is about the origin of land-use rightsystem, elaborating on the history of land-use right system.In fundamental theory ofcapitalization of administrative allotment of land-use right, the connotation and problems likethe nature of land-use right, the loss of price mechanism of capitalization of administrativeallotment of land-use right, occurred in the process of capitalization of land-use right will beexpounded; and then the necessity of capitalization of land-use right will be discussed deeplyand the differentiation between capitalization and marketization of administrative allotmentof land-use right will be involved. The second part analyzes present situation of capitalization of administrative allotment of land-use right and points out the defects of existing system.The next part involves the analysis of legislation experience of land-use capitalization of theextraterritorial typical countries, to which our country can make reference. The last part putsforward an envision of improvement of capitalization of domestic administrative allotment ofland-use right system and supporting measures based on four aspects：the improvement ofrelative legislation, the establishment of trust system， the intensification of administrationand supervision of administrative allotment of land-use right.