Research On Grant Of Land-use Rights Of Land Reclamation

The implementation of land reclamation project completed the transition of the sea to the land, the right to use sea areas has turned into land use right. Maritime space use administration law stipulated in article of the reclamation project of the people the right to use sea areas shall, within three months from the date of completion certificate of rights to use sea areas by the land administrative departments of the people’s government at or above the county level shall apply for land registration, the people’s government at or above the county level shall register and issue a certificate of state-owned land access, confirm the land use right. Accordingly, after the reclamation land use rights to obtain the land use right certificate, land, you can transfer the right to use the way through bidding and sale.But the rules are too single and general: single mainly reflected that did not distinguish the way to transfer the right to use land of reclamation, which embodied in the way of reclamation of the land did not distinguish between stretched out the subject specification, respectively, the owner in the sea reclamation activity forms of land transfer is not feasible. At the same time, the rules are too general, that is, on reclaimed land use gold collects pay, for the duration of the reclamation of land use rights, right of reclamation land acquisition modes, reclamation of the land interests distribution are not provided, the reclamation of the land around the regulations and even documents are based on the local laws and regulations, led to the reclamation of the land system in practice.In the introduction of this paper, I introduce two real cases of land grant of reclamation as an entry point, to analyze the practical situation of transfer of the land of reclamation at home and abroad, and to introduce the discussion on the land use right below. The first chapter is an overview of some of the general theory for the reclamation of land use rights, including the concept of land reclamation were defined and analyzed from a legal perspective. The second chapter mainly discussed on the current situation and practical issues, first analysis the reason why the plight of the legislative land reclamation system has been, then combined with legal perspective to analyze the lack of legislation system appears.The third chapter is this article’s foothold, put forward that, to perfect the reclamation land transfer system, we should take into account the legal level and system level. And I also put forward some concrete suggestions, that we should make up the special laws which based on the existing law on landfill. then distinguish clearly reclaimed land ownership between the right to use land, and land transfer methods according to the nature of different land use rights, and promote the construction of sea and land-use rights overall transfer system, improve the construction of coastal fishermen benefit sharing mechanism in reclamation projects.