Study On Tortious Liability Of State-owned Construction Land Use Right

In the early eighties, due to prevailing economic factors, the concept of property rights has been denied existence. After the reforms, due to construction land use right system of paid use of the experimental work in some coastal areas, people come to accept slowly and recognize the right to use land for construction of goods attributes. With the development of industry, population resource intensive and huge economic interests of market incentives, the existing, available land for construction can not meet the growing needs of people. Through the development of three-dimensional land use land for construction eased tension, but that can not prevent the illegal use of land for construction of the phenomenon. This is mainly due to the added value of construction land fast, people's pursuit of economic interests, legislative and judicial protection in the absence and dislocation of government functions.Thesis is combined with three parts:The first part, mainly on the construction land use right of the origin and development. First, we introduce foreign land rights system and our system of construction land use rights. Second, the article introduces the concept of the right to use land for construction is the right to use land for construction is a usufructuary. Finally, we discusses some theoretical controversies of the system of construction land.The second part is researched in details that how to presume the responsibility. First, according to the tort behavior's characteristic decided that turns over to the responsibility principle to use mistake responsibility principle.Next turns over to the responsibility take this as the basis, I have carried on construction land use ringhts infringement responsibility recognizing.The third part, the undertaking of construction land use ringhts infringement responsibility was discussed.