Grassland Use Rights

Both Article11of the General Principles of the Civil Law and Article118of Real Right Law provide the grassland usage by the right of use of natural resources, and point out its contents is use and profit. On this basis, Article11of Grassland Law provides its main body is state-owned units and collective economic organizations, and its subject matter is the grassland that belongs to our nation. However, in addition to the above legal provisions, it is hard to discover some relevant articles on grassland usage. Meanwhile, lack of studies on grassland usage also appears in theory. Therefore, analyzing its flaws by way of the history of grassland usage in our country at this stage. Then, indicating its usufructuary property according to its location in Real Right Law. Next, comparing grassland usage with usufruct and emphyteusis in order to indicates its usufruct characteristics. Because Grassland Law also provides the right to contractual management of grasslands except for grassland usage, comparing these two rights and concluding that the latter is the implementation form of the former. Finally, improving the grassland usage via its principle and procedure of setting righs and the allocation of interests between grassland owners and users.