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Study On The Legal Problems Of Obtaining The New Land Use Rights Of The Reclamation

Posted on:2016-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2336330467996252Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Due to the rapid development of China's economy, people's demand for land resources increases every year.Resources and structural shortage of land is very serious, it has become the shackles restricting economic development in coastal areas.Reclamation of new land resources has lower acquisition costs, which not only broaden the use of land space, but also is as an effective means to circumvent local government laws and policies.Driven by economic interests as well as blurring and lack of specification and adjustment for reclamation laws and administrative regulations, the implementation of blind land reclamation activities happens in coastal areas, which is the very serious destruction of the coastal waters of the natural environment and ecological resources.The provisions of Article32Sea Area Use Management Law is difficult to adjust effectively the use of sea reclamation, and there are conflicts and contradictions between the part of the legal norms.Existing laws and regulations on the process in which sea use rights makes into the land use rights after the completion of land reclamation lacked operational is necessary to establish a specialized legal regulations to adjust the land reclamation activities.This paper is divided into four parts except for the introduction and conclusion:The first part from the basic concept of land reclamation elaborates china's reclamation reclamation hi story, clears that right foundation of sea reclamation is the right to use sea areas,the current impact of negative externalities exist reclamation activities.The second part mainly summarizes the legislative status quo of China's land reclamation,which makes a comparison between the national and local legal norms.The third part mainly points out defects existing in the regulation of land reclamation at China's existing legislation pattern, new land use right, the main body, procedures and methods, and the content of right and illegal land reclamation processing mechanisms exist shortcomings.The fourth part through the reference of foreign advanced legislation experience combined with the actual situation in our country,makes use of the special law to adjust the reclamation reclamation activities of legislative mode, and distinguishes between different reclamation types determined according to the acquire additional land use of the scope of the subject of right, clears new land use rights acquisition procedures and methods, the use of the term of the right, and the introduction of reclamation of ecological compensation system, improves the illegal reclamation reclamation processing mechanism. At last,In the reclamation process, we make the organic combination of social, ecological and economic benefits, which perfects the system of property law system.
Keywords/Search Tags:land reclamation, new land tenure, reclamation type, ecologicalcompensation
PDF Full Text Request
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