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Study On The Legal Problems Of The Lease Of State-owned Land

Posted on:2015-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:S N YangFull Text:PDF
GTID:2296330431985855Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
State-owned land lease by the lessee of land use rights lease contract signed betweenthe Government obtained, construction land use rights with the land acquired by thetransferee tied. In practice, the state-owned land lease with the state-owned land are theprimary land market transactions, but the state-owned land leased land is complementaryway. As a way to supplement the state-owned land leasing system can compensate for thelack of land transfer system is of great significance in improving land utilization,optimize the allocation of land resources, the formation of a fair competitive land market,promote the rapid development of SMEs and other aspects.In this paper, the basic theory of state-owned land leased from the right start, toclarify the state-owned land lease rights Discrimination and land use rights and land userights sublease concepts and meanings, and certainly the system features state-ownedland lease rights. Then, the introduction of state-owned land lease rights transfer systemabolition of the controversial theory, and land lease rights is a "property of the creditor,"as the theoretical basis for our country and around the world demonstrate the legislativebasis for the reality of China’s state-owned land lease rights There should be adopted tolimit the flow. However, although the state-owned land lease rights can flow, but takinginto account its essence remains creditor shall determine the lessor agrees to develop to acertain degree depending on the flow conditions circulation mode.Due to public ownership of land property, the land use interests to get to a certainextent represent the public interest, for the protection of the public interest, in addition tostate-owned land lease right transfer issues, the state-owned land lease contract rentsshould also be of concern. In order to balance the interests of both the state and thelessee, lease of state-owned land should be a certain degree of legal regulation, which isnot only restricted autonomy contract also reflects the basic requirements of fairnesscontract with the feasibility and necessity. Although there have been a number ofprovisions of the legislation, but there are still many problems, I suggest should becharged at the standard rent, rent adjustments conditions and manner, to further improvethe rent adjustment procedures.Finally, the last part of the article focuses on the issue of state-owned land lease term. As a leasehold rights, land leasing rights not only by the "Contract Law" maximumage limit, but also because of different land use restrictions by the short and long term,taking into account the characteristics of real estate leasing state-owned land leasecontracts and property rights of Nature creditor, China should break through the generalterm of the lease rights restrictions, setting short-term lease-based, long-term lease,supplemented by model and gives the lessee the right to renew the lease in order tobalance the interests of both parties and to achieve the purpose of the rational use ofstate-owned land resources.
Keywords/Search Tags:State-owned land lease rights, Leasing rights transfer, Rent, Lease
PDF Full Text Request
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