Idle State-owned Construction Land Use Rights To Recover System Research

The state-owned construction land is an important part of land type, which usually used in construction of public facilities, tourism and mining industry. With the accelerating process of urbanization and promotion of residential commercialization, land, as resource, the commodity attribute is obvious. Because of the emergence of this phenomenon, more and more people trying to obtain the right of using of construction land through various means. However, for lack of legal system and supervision, idle land is a main problem that estate in the state-owned construction land, and land utilization rate is not high. With the rapid development of China’s economy and society, the speeding up of social transformation, the current using rights system of idle state-owned construction land has not been able to better adapt to the development of economy, and lies in many problems. In order to realize the value of the land itself, taking back the right to use construction land becomes the key to reallocate resources. The establishment and improvement of the system of taking back the right of using the state-owned construction land, not only can ensure the realization of the land value, improvement effective utilization rate of the state-owned land resource, but also regulate the administrative power and protect the private rights’ subject position. Therefore, to study and improve the system has theoretical value and practical significance.First of all, this paper mainly introduces the basic theory of idle state-owned construction land. With the definition of idle state-owned construction land using rights as the breakthrough point, outlines the paid back and gratis two ways, compares and analyzes the two ways. At the same time, puts forward the system of taking back of the idle state-owned construction land has the function of regulating administrative power, protecting the private rights, improving the using efficiency of the state-owned construction land.Then with the current law and administrative regulations of the system of taking back of the idle state-owned construction land as the breakthrough point, introduces a series of laws and regulations about the idle state-owned construction land, including the "land management law", "property law", "urban real estate administration law (2007 revision)", the idle land disposal method ", "regulations on the protection of basic farmland and so on", and analyzes the main problems of the current system, namely the legal attribute of taking back idle land is not well-defined, the condition of taking bake the state-owned construction land is unclear, the orientation of the government is not clear in the legal relationship and the taking back process is not sound.Finally, puts forward proposals to perfect the system of taking back of the idle state-owned construction land which aimed at these problems. First, by formulating unified laws and regulations of taking bake the idle state-owned construction land to establish the unified taking bake system. Second, by the format terms formulate the gratis taking back system, adjusts the using rights of the idle state-owned construction land.The original rights holder according unjust enrichment claims and with the "appended claims relationship" to protect his investment and highlight the principal position of the parties’private rights. Third to notify their claims, temporary arrange another person to use, and standardize the procedures of exercising administrative back right measures to improve the gratis taking back procedures of the idle land. Finally, according to authorize specialized agencies which do not have administrative functions to exercise ownership right of the land on behalf of the state, to set the boundary which the administrative power intervention.