Legal Research On Granting Of State-owned Land Use Right

The system of state land use conveyance is a reformation of the land use system,enhanceing the national macroeconomic regulation and control to landresources,giving full play to the economic, social and environmental benefits of theland.But the system is found in a short time, relevant legislation is not perfect,stillhave some problems.So in order to rationally develop, utilize the land,we must furtherstandardize and perfect this system. Basic theory is the foundation of system, thispaper is base on the clarification of basic theory,absorbing the successful experienceof Hong Kong,raising the suggestion of perfecting the system.First, This paper start from the history of the land use system, pointing out theproblems of state-owned land use conveyance system,the right have a short timelimit,and is not stable,conveyance price is on the high side, the system of withdrawthe right in advance is not reasonable. So this paper deeply analyze the causes of theseproblems, basic theory exist cognition error,finding that unclear orientation of thegovernment, the system design is not reasonable.In the second part of this paper, clearly defining the nature of the land use rightand the nature of the behavior of land conveyance which is controversial, confirm theland use right is our basic property rights,and the land conveyance is civil behavior,land use right system is reference to land leasehold system of Hong Kong,althoughboth us have different law origin and institutional environment, But its complete landsystem still has reference significance. In this paper, the third part is mainly anoverview of the land rights system and the leasehold system, find out which isavailable for reference.Finally,this paper integrate the theory clarifies and system model, puttingforward to the ideas of perfect our system of land conceyance,that is clear thegovernment’s position and strengthen the protection of state-owned land use right.