| Land served as non-renewable resource had been endowed economic significance. With social progress and technological development, the value of land is more self-evident. In our country, the value of land was prevalently acknowledged with the development of estate based on public ownership. However, there are many chaos due tono systemic laws for estate. Idle land was one of the main problems that inhibited estate development. To solve this problem, the government had promulgated serial laws especially for idle land free resumption which land was eligible for free resumption. The institution for idle land free resumption can control the land reserves to a certain degree by estate developers in reality. However, this institution had some defects which caused that the efficiency didn’t come true in practice. This phenomenon was caused by the existing law had not defined this institution definitely that it belonged civil laws or administrative laws. Justice practices were also in chaos in practice. Thus, wemust pay attention to this problem with full knowledge.To define the legal nature of idle land free resumption definitely, then perfect theinstitution based on this define, we discussed the three aspects: theoreticaldisagreement of idle land resumption, defections of existing institution of idle landresumption, and perfection of existing institution of idle land resumption. The courtput the idle land resumption in administrative laws in most cases in practice whichcaused the efficiency of this institution didn’t come true. This article recommendedthe discussion of idle land resumption by existing laws and analysed the relevanttheory basis in theoretical disagreement sector. Then it could provide theory basis forfurther discussion. We can’t evade the problem that the existing institution of idleland resumption had defections which was caused by overemphasis the administrativepower in Chinese land problems. Executive factors emerged in this civil system,which was the origin of the problem. The inadequate understanding of private rightscaused the misunderstanding that the land and resources administration had privilegein idle land resumption. Then, this misunderstanding also caused that the ignorance to protect the right of construction land use and mortgage right which caused relevantbenefit imbalance. To solve this problem, this article proposed some suggestions forperfecting this institution. We hoped that this article can deepen the conception ofcountry private right, paying attention to the adverse caused in the market of idle landresumption, perfecting the institution of idle land free resumption. |
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