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The Legal Research About The Marketization Of Administrative Allotment Of Land-Use Rights

Posted on:2017-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:X H WanFull Text:PDF
GTID:2346330485998146Subject:Civil law
Abstract/Summary:PDF Full Text Request
The essence of the marketization of the land-use rights of administrative allotment is the process of full utilization and optimization. After the establishment of paid use system of state owned land, China has formed paid used state owned land and administrative allotment state owned land respectively. However, the point is that the problems left has not been solved appropriately, which is the subject of this paper——the marketization of the land-use rights of administrative allotment. At present, due to historical reasons, the state-owned enterprise is one of the important user of allotted land, and the state-owned enterprise is also the main reform area in the marketization of the land-use rights of administrative allotment. At the national level, deepening the reform of state-owned enterprises and further promoting the competitiveness of the state-owned enterprises are also the important direction of reform. As an important part of state-owned assets, even in some cases as the main part of state-owned assets, the marketization of the land-use rights of administrative allotment is a problem which is unable to avoid. Along with deepening the reform of state-owned enterprises gradually, especially in the concept of “clear ownership”, the reform of state-owned enterprises is urgent to solve the problem of administrative allotment of land-use rights. That is to say, the reform of state-owned enterprises in the marketization of the land-use rights of administrative allotment, according to the concept of "clear ownership" to build land property right relations, has become the internal request and the significant content for the reform of state-owned enterprise. Therefore, it is imperative to improve the legal system of the marketization of the land-use rights of administrative allotment, which is playing a high role in China land market.This article includes four parts.The first part, starting from the historical evolution of the land-use rights of administrative allotment of our country, discusses the development history of the land-use rights of administrative allotment system, analyze the faced problems of the land-use rights of administrative allotment, as well as the concept and characteristics of the land-use rights of administrative allotment.The second part, based on the first part, analyze the connotation of the land-use rights of administrative allotment, the necessity of marketization of administrative allotment of land-use rights, and points out some current kinds of models of the marketization of the land-use rights of administrative allotment, including the transfer, lease, mortgage, evaluated and(in), authorization management, etc.The third part, along with the second part, analyzes the defects of the existing legal system and points out that the absence of legislation on making the distinction between public welfare and profit-making, the unbalanced interests of the state and the state-owned enterprise, not forming a market-oriented pricing mechanism, led directly to the defects of the marketization of the land-use rights of administrative allotment.The fourth part focuses on the idea of the marketization of the land-use rights of administrative allotment. Based on the experiences such as the Singapore and the UK, points out that it is necessary to insist on the principle of balancing of interests, the distinctions of the public welfare and profit-making in order to perfect the marketization of administrative allotment of land-use rights. In order to achieve that goal, measures as below should be taken: firstly, integrate and update the laws and administrations of the marketization of the land-use rights of administrative allotment, strengthening the legislation; secondly, integrate the models of the marketization of administrative allotment of land-use rights, forming the land supplement and annual rent system model, restricting other marketing ways; Finally, establish and improve the market-oriented pricing mechanism.
Keywords/Search Tags:Administrative allotment of land-use right, marketization, Present situation of the system, Improvement of envision
PDF Full Text Request
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