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Urban Housing Construction Land Renewal Problem Of Constitutional Thinking

Posted on:2018-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:L D YeFull Text:PDF
GTID:2416330536974995Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The event of Wenzhou city land use renewal made renewal of housing land use right,the question of whether or not to renew the surface of the central and local departments of land and resources in the related investigation,said after the implementation of “two different normal” temporarily transition such events.Urban residential land use renewal question,however,is not just through transitional solution can be permanent,and actually the problem should be through the provisions of the civil law from the perspective of constitutional thinking.City housing ownership of the land resources in the seemingly does not have a unified regulation on the constitution,the constitution stipulated in article 10 of “urban land owned by the state” and the provisions of article 9 “mineral deposits,waters,forests,mountains,grasslands,wasteland,tidal flats and other natural resources,are owned by the state,namely the whole people” has obvious conflict,and to solve the question of whether land use renewal fees,how to see the state ownership of land resources in urban nature will become the key and core.The author thinks that the state ownership of urban residential land resources has the general form of the ownership of the civil law in essence and structure,but because the main body of the ownership is the country and is very special.National existence is to manage the running of the society,safeguard the legitimate rightsand interests of the people,so is the state of land resources,but it is based on the “whole people”of all countries on behalf of all citizens in control and allocation of land resources,and the land will have benefits to all citizens,this is stipulated in the constitution of the state ownership of land resources in urban residential substance.Countries in the complete to possess,utilize,profit from and dispose of such power at the same time,has in the aspect of legislative,administrative and judicial power,which have the right to land resources allocation of legislative regulation,administrative and judicial,and have a “security of land resources reasonable use”constitutional obligation.This makes the city housing the state ownership of land resources because of the particularity of its subject and become a kind of special ownership “public-private hold concurrently”.From the general structure of both the ownership of private law,and public interest orientation of public law point of view,urban residential land use renewal problem solving,is necessarily to be renewed automatically on the basis of moderate pay renewal for direction.Renewal is a breakthrough in a sense the free trading of consideration paid principle,law and make the land resource has a tendency to“appropriate public property”;To lease pay gold of land sell one's own things of use will make people bear the huge economic pressure,this is a clear breach state exists in the huimin relief for the purpose the nature of the guide,at the same time will greatly harm the citizens' right to exist in the sense of right,it is not advisable.Hong Kong processing pattern at the right moment to have similar urban land rights structure provides a good reference on the mainland,then the mainland city land lease system is transferred from Hong Kong,and Hong Kong later due to land annual rent system scheme of using does have its clever way,every year on the land use right people is equivalent to the cost of gold of land sell one's own things of a few,properly balance the interests between the citizen and government,the state ownership of land resources on the maintenance of the ownership of private law and public interests are reflected,is worth in the future the good way to solve the problem of urban land use renewal on the mainland.
Keywords/Search Tags:land, The land use right, State ownership of land, renewal, Annual rent
PDF Full Text Request
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