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Legal Regulations Relate To The Use Rights’ Transfer Of Collective Construction Land

Posted on:2016-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:C S DaiFull Text:PDF
GTID:2296330461977966Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The provisions for the collective construction land use rights transfer in China’s current laws and regulations are very strict,the limitations of legitimate transfer way has been unable to meet the inherent requirements of economic development for the land market. The allocation of resources in today’s market optimize increasingly,such a situation resulting in land use of rural land is low, reducing the number of rural farmland;it will lead to land market chaotic and to detriment the interests of the farmers Along with the deepening of reform and opening up and rapid economic development, in the process of urbanization is accelerating today, how better to improve the efficiency of land use has become a serious problem.The pilot projects of the collective construction land launched in various regions,all regions combine their own situation issued a series regulations for land use rights transfer, accumulated valuable experience.This essay based on read a lot of literature related this field,through in-depth study of collective construction land use rights’ concept and content,combined with the current law and practice throughout the pilot and propose targeted legal advice.This essay can be divided into the following four parts:The first part illustrates the basic problems of the current collective construction land use rights’ transfer in existing laws and regulations.First, define the meaning of "collective construction land"and "land use right’s transfer", clearly states the meaning of " collective construction land use right transfer" in this essay.Secondly, analysis the subject and object of collective construction land use rights’ transfer, summarizes the current transfer mode of collective construction land,and combined with the specific circumstances of the transfer to demonstrate the necessity of transfer.The second part combing the existing legal provisions of the collective construction land use rights’ transfer,combine of China’s actual situation, mainly analyzes the land use rights’ transfer of the pilot experience in practice. Comprehensive analysis of the experience of nine typical pilot, summed up the experience and find the problems in the collective construction land use rights’ transfer, draw preliminary conclusions.Although nowadays around collective construction land use right transfer response options vary,but it would have a tremendous impact on the development of constitute a unified collective construction land use rights’ transfer laws and regulations,it can be good for advancing the process of relevant legislation.The third part point out the main problems in our collective construction land use rights’ transfer in our country,make the analysis between the similarities and differences in legal theory and legal norms, laws and regulations as well as in their internal legal norms, summed up the contradictions and conflicts according to their compare pairwise.The fourth part outlook and thinking about how to properly solve the problem of collective construction land use rights’ transfer, under the pilot experience identifies the specific countermeasures and put forward relevant legislative proposals.Including the legal principle of collective construction land use rights’transfer,regulate the law system of legislative and judicial.Finally, create the specific suggestions of the legal system of transfer.
Keywords/Search Tags:Collective construction land use right, Transfer pilot, Property, Income distribution
PDF Full Text Request
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