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A Study of Theory and Practice of China’s Owned Land Right System

Author: JiaoRuBin
Tutor: XinMei
School: Chinese Geology University (Beijing)
Course: Environment and Resources Protection Law
Keywords: Land Ownership Land Use Rights Separation Rights Right Expansion
CLC: F321.1
Type: Master's thesis
Year: 2010
Downloads: 127
Quote: 0
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Abstract


Land is a basis for national existence and development,land system which is the most important system is a reasonable allocation of land.Throughout China’s current system of land law which contrast with Traditional civil law,which have a lot of Contradiction, conflict and paradox.Because of these problem in the land theory. The legal system of our land there are a lot of problems, practice problems is diverse.Fundamentally speaking, China’s land law theory have these problems,there are a lot of reasons.First of all,we have not definite land ownership and land use rights clearly,land ownership and land use rights in the conflict appeared land use rights includes the possession, use and disposal rights,it is different from the Traditional civil law.Looking at our current state of land ownership and use rights,we will find that the separate of land ownership and land use rights instead combine the two right to be normal.It was determined by the land of the resource properties and our exclusive state ownership of land. China’s land system is different from any other country in the world,the separate take a lot of problem to our land system.Now both land ownership and land use rights are expanded. Local government through the expansion of proceeds and dispose, maximum its economic benefits. This phenomenon leads to land finance, land GDP.The expansion of land use rights is different from land ownership.It is divided into legal and illegal expansion in both expansion. According to our current law,Legal expansion is combined with disposition. Illegal expansion is mainly include the construct which is breach of construction planning.If we want to solve the problem of land , We must proceed from the Land Theory, reconstruction our land theory.In that way,we could solve our land problem.

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CLC: > Economic > Agricultural economy > China 's agricultural economy > Rural economic structure and institutional > Land issues
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