The Study On Usufruct Of Allotted Land

The system of usufruct of allotted land was formed in planned economic times. After the era of reform, while establishing the system of compensated use of land, the system of usufruct of allotted land is still in use. However, this simple use leads to the confusion of land market in China, and is not conductive to economic development. The defects on the system of usufruct of allotted land is figured out in this thesis: there are contradictions and conflicts between the usufruct of allotted land and the ownership of state-owned land. The legislation to define the free of the usufruct of allotted land triggers the reality of contradictions and conflicts. And the confusion of the location and execution of usufruct of allotted land leads to the emergence of hidden market, then directly hinder the establishment of unified and orderly land market. The author analyzes the reason for defects and put forward some macro-ideas of solving the problems. The usufruct of allotted land can be divided into public welfare part and commercial part according to the use of land. From now on, the gain of usufruct of allotted land will be strictly limited in social aims, the social aim will be strictly defined and the rule of a unified plan on usufruct of allotted land will also be made. At last, the available land is allowed to be transferred and disposed for commercial purpose under special condiction, and then enforce the development of the reform on the system of compensated use of land. By the integration and reform of the system of usufruct of allotted land, the newly dual system of land-use will soon be established.