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Legislation Research On The Space Construction Land Use Right

Posted on:2018-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2346330515490293Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of urbanization and modernization in China,the increasingly serious situation of land scarcity can not be ignored.The limited nature of the land makes it necessary for people to use intensively and efficiently of land resources.The use of land space is relatively late in our country.In order to meet the needs of the development of social economy and urbanization in China,we should formulate and perfect the legal system of the land use right of land construction in our country.This paper considers that it is necessary to make clear the basic legal issues such as the title,the attribute of right and the connotation of land development and construction.The above should be regulated in the civil code,establishing the land space right.Formulating Regulations on the Administration of Development and Utilization of Urban Underground Space should regulated the use of space construction land acquisition,implement,registration,circulation and other legal acts.The study of land space rights is a relatively large and systematic legal issue.This paper only selects the right of using of urban underground space construction land as the starting point for theoretical research.This article is divided into five parts:The first part is the basic theory of space construction land use right.The concept is the basis for researching and analyzing specific legal issues.This part discusses the concept,meaning,legal nature,the basic theory and the practical motivation of the right.The Second part reviews the present situation of the development and utilization of underground space in the mainland of China and the present situation of legislation in China.Analyzes and summarizes the shortcomings in the development and management of land space from the local practice and legal system.This third part is about researching and analyzing of legislation and practice in representative countries and regions in Common Law and Civil Law.These experiences give us a useful reference.The fourth part is the suggestion of perfecting the legal system of the right to use the space construction land in our country.The fourth part makes recommendations from three aspects: legislative model?legislative purpose and legislative principles ?legal system.This article suggests to clarify the legal status of the right in the civil basic law and develop a nationally effective regulation.Finally,local governments are encouraged to develop local laws and regulations in accordance with local economic and technological developments.The fifth part is some suggestions to build Regulations on the Administration of Development and Utilization of Urban Underground Space.Absorbing the useful experience of adopting local laws and regulations formulated by local governments,build Regulations on the Administration of Development and Utilization of Urban Underground Space.
Keywords/Search Tags:Land space right, construction land right, Legislative conception
PDF Full Text Request
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