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Homestead Right Legal Problems

Author: MaoYingTao
Tutor: XueKePeng
School: China University of Political Science
Course: Legal
Keywords: Land use right transfer Property Law Land Management Law Limit conditions regulate the circulation
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 262
Quote: 1
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Abstract


Relationship to the land use right livelihood of people, China's reform and opening up and modernization drive is also of great significance. This system is unique to China and was established for decades, and almost no foreign can learn from experience. Therefore, the development of this system requires a trial and error process in which the highest degree of concern , was undoubtedly the most controversial transfer of land use right of the problem . This concept of land use right from the start, depth step by step , to integrate theory with practice and research methods, both attach great importance to Homestead Right angle civil and economic law theory , and stand foot in the rural situation, seek draw resolve land use right transfer of best practices. This addition to the introduction and conclusion , the text is divided into four parts. The first chapter introduces the concept of land use right , land use right transfer characteristics and the history and status quo. First, a number of scholars cited definitions for land use right , come to the definition broad and narrow sense conclusions. Then gradually analyzed the land use right of the subject -specific and specific object , purpose limitation and initially obtained indefinite unpaid sexual and other features. Then on China to treat various historical periods of the transfer of land use right attitude of the sort , and finally from the status quo description , status quo cause analysis and other aspects of land use right transfer discussed the problems in the real world . The second chapter describes the transfer of land use right way . Specific transfer methods include trade, lease , exchange, gift , mortgage , inheritance , etc., the text of the land use right transfer of mortgage and inheritance were highlighted , and how to improve the land use right inheritance system expressed their views . The third chapter introduces the academic community land use right transfer of a variety of perspectives . And made my point. First, to clarify the academic analyzes allow free circulation, limiting circulation two points of view , and then made ??my point of view \The fourth part of the land use right transfer for the existing problems how to improve vision . Successively from perfect homestead laws to abide by laws and regulations , strict enforcement of the law must be done , so strictly enforced violators are prosecuted to strengthen supervision , improve the social security system, reduce urban-rural gap , according to local conditions to carry out extensive pilot projects in five areas to discuss .

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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