The Confliction And Settlement Of The Right Of Use On The State Land

After the study of the history and the legislation comparison of the use of right on the state land, the author makes it clear that we should pay more attention to the important pole that the possession plays in the system of right of use on the state land in China. After a brief introduction of the condition of the right of use on the state land in China, the author thinks we should make the right of use on the state land meticulous and definite under the precondition that we should insist the principle of keeping the state land under the institution of the public ownership, so that we can nationalize and modernize the right of use on the state land. The author divides the right of use on the state land into two types, the right of use on the state land for the public interest and the right of use on the state land for the private interest, according to the standard of the purpose of realizing the right. After discussing the content of the two types of the right, the author analyses the confliction immerging in the process of realizing the right. The author thinks we should strengthen the protection of possession of the state land, under the precondition that we must keep the land under the state ownership to realize the value of the land and to protect the interest of the nation.This thesis is divided into three parts.The first part: brief history and legislation comparison of the right of use on the state land. In the feudal society of China, the land is nation owned or king owned. The heart of the institution is to keep the land under the ownership of the nation or the king. In a slow process, the institution the institution comes into being, and it is a legislation process. Almost every dynasty has a strict legislation about the ownership of the land. The protection for the land ownership from the law lies in three aspects: first, regulate the possession; second, regulate the officials' duty in managing the land; third, protect the nation's interest on the land. The processes of the development of the right of use on the state land in the Chinese feudal society, is a process of legislation. The process is long and inadequate because of the limitation of the ruling class. After the analyses of the institute of even distribution of land and storage of the land, the author draws the conclusion that nation and the user of the land, as the subject of the legal relationship of the use of the nation land, take the possession of land as the guarantee of the realization of the interest.The Legislation comparison of the right of use on the state land leads us to the similar conclusion. The usufruct system in the continental system takes the use as the center of the system, especially the institution of superficies. The owner of the superficies has the right similar to the owner of land, except the restriction of the duration and the right to handle the land. The owner of the superficies has the possession of the land, and the possession is protected well enough to realize the use of the land.The analyses above make it necessary to reconsider the importance of possession in the system of use of nation land. We should pay more attention to the possession.The second part: the system of the right of use on the state land. The current system of right of use of state land is composed of many rights. First, the right gained from the nation's assignment for free; second, the right of using the state land owned by enterprises that foreign capital involved; third, the right gained by the regulation of the law; forth, the right gained from the nation by paying consideration to the nation. From the year 1987, the rule has been set that whatever the character of subject is he must pay the expense of using the nation land. This kind of the right of using the nation land has great significance in developing the market of land. And it is a complete civil right. The main problems of the current system of right of using the nation land are the types of the right is in chaos, too many departments involved in the management of the...