Concerning The Improvement Of The System Of State-owned Land Use Right Transfer

State-owned land use right transfer system is a land use system under the planned economic system in China,and it is also the only land supply system during the whole planned economy in China.With China's transition to a market economy,the land market gradually formed,also produced a paid use of state-owned land use system,which formed a land transfer system and inherited the land transfer system coexist "two-track" land use system.Current laws and regulations in China on the provisions of the state-owned land transfer system,mainly reflected in:the law such as the "People's Republic of China Property Law"(referred to as "Property Law" in the following),"People's Republic of China Land Management Law"(referred to as "Land Management Law,"Urban Real Estate Management Law" in the following),departmental regulations such as the Interim Measures on the Administration of the Administration of Appropriation of Land Use Rights,such as the Provisional Regulations on the Transfer and Transfer of State-owned Land Use Rights in Cities and Towns,and the Regulations on the Administration of Urban Real Estate Management of the People's Republic of China Judicial interpretation such as "the Supreme People's Court on the trial of state-owned land use rights contract disputes applicable to the interpretation of legal issues"(referred to as "state-owned land use rights contract disputes applicable legal issues explained" in the following)and so on.As a result of the establishment of land use system,the direct use of the system under the planned economic system of land allocation system,it is direct and easy to use makes the transfer system regardless of the theory or practice are exposed to some of the corresponding problems.These problems have aroused widespread concern in public opinion,so many scholars will focus on the reform and re-construction of the state-owned land transfer system.Therefore,the author tries to analyze the necessity and the problem of the existence of the system in our country from the background of the emergence and existence of the state-owned land transfer system in our country,and then put forward the viewpoints of this article,at the same time,it puts forward the suggestions on the relevant provisions of the state-owned land transfer system in China's laws and regulations,so that it is more conducive to the development of land market in China,which is more conducive to the settlement of land disputes in China and more vague and controversial The local put forward their own views,so that the allocation system is more in line with the requirements of the socialist market economic system.This article is divided into four parts:The first part,introduction.This part mainly introduces the research significance of the thesis,the research status of the academic circles and the research methods and innovations of this paper.The second part is an overview of the state-owned land allocation system in China.This part mainly discusses what is the state-owned land transfer system and the characteristics of the system,discusses the development process of the transfer system and the controversy about the transfer of the system,and finally summarizes the relevant provisions of the existing legal norms on the allocation system of state-owned land.The third part,the existing problems of the state-owned land transfer system.This part mainly expounds the shortcomings of the existing state-owned land transfer system in China.If the legal system is not perfect,the public welfare provisions as the conditions for the transfer are more vague,the provisions of the land transfer information disclosure are lacking,and the land use right and compensation standard More general and violating the transfer system of the legal liability is imperfect.The fourth part is the improvement proposal of our country's state-owned land transfer system.In this part,the author puts forward some suggestions on the shortcomings of the third part,including perfecting the legal system,clarifying the stipulation of the conditions of public welfare,increasing the disclosure of land transfer information,and clearly checking the provisions of land appropriation and compensation standards and perfecting relevant Legal liability.