Research On The Problem Of The Use Right Of State-owned Land In Advance Based On The Public Interest

With the deepening of China’s social market economy, the establishment of the land market was quickly pushed to the cutting-edge. long pent up huge commodity value of land almost in an instantrelease,state-owned land compensation for the use of system is more and more obviously release the powerful energy system.Transferring land use rights has become the core of China’s land use system and the focus of the protection of private rights. The protection of private rights is specific to the land use right in advance based on the public interest, which is the legal requirement for this behavior: the definition of public interest. As well as the compensation for the damage to the legitimate rights of the land use rights. The legal basis for the recovery of the right to use state-owned land in advance because of the public interest is the result of the socialization of property rights.In this paper, the first part of combing to the current legislation of our country, the state-owned land use right back to the typed into three types of ahead of time.Calculated based on public interest this type of state-owned land use right of withdraw before the biggest controversy in practice. Adopt the method of theory combining with practice case analysis of this kind of call the problems mainly concentrated in: definition of public benefits and compensation.The second part through theory to explore the method to call the behavior qualitative problems of state-owned land access for research. Academic disputes on qualitative mainly includes the collection, contract termination) and the part after the analysis of the above two points, their point of view. The third part based on public interests ahead of time to recover the cognizance of the state-owned land use rights in the public interest of a few questions from the characteristics of public interest for reflection and research. To establish new recognition mechanism is put forward. he fourth part through to our country the compensation mechanism of the current real estate legislation, points out that in early recovery of the several problems existing in the compensation mechanism. In distinguishing between several groups of confusing concepts, based on the effective compensation mechanism. Land use rights to withdraw early and not all based on ownership restrictions on land use rights to land and illegal interference, but countries based on the realization of the purpose of public interests by public power behavior, not the rights of owners of land use right of land. But the current legislation of national level is only about the transfer of land use rights withdraw before the legal premise is the need of social and public interests of the "general rules. Provincial and municipal some local regulations also mostly is uneven, the lack of a unified operating standards and dispute settlement mechanism.