A Research On Transfer Of State-owned Land's Usage Right's Legal System

Transfer system of state-owned land is a kind of state-owned land utilization system which strengthening land management, strengthening national macro-regulation of urban land, optimizing land allocation, and giving full play to economic, social and environmental benefits of state-owned land. However since transfer system of state-owned land has been established in China only for 10 years, there are still some problems happen during the procedure of relevant legislations and the process of land transformation. Therefore China's land transformation legal system urgently needs to be further standardized and sounded. The author bases on status quo of current China's transfer system of state-owned land, integrates relevant legislations of land transformation, collects real cases in transfer system of state-owned land, adopts a comprehensive analysis method, eliminates the false and retains the truth, emphasizes on the problems exist in transfer system of land and puts forward constructive legal proposals.This paper starts the introduction of China's transfer system of state-owned land from the following four aspects : history and reforms of state-owned land transformation system, current legal system, transformation manners of state-owned land tenure, rights and obligations of licensor and assignee in the course of land tenure transformation.Then the author points out the existing problems from the following two perspectives : relevant legislations on transfer system of state-owned land and state-owned land transformation market's operation. There are some problems in the existing regulations of transferring and renewal terms:The recovery process of state-owned land usage rights in advance is not clear enough; overall land utilization regulation system is not perfect which making land usage control system difficult to realize; licensor roles of state-owned land usage rights are in chaos; the existing conspiracy in auction; the asymmetric problems in land transformation activities.Finally this paper emphasizes on the existing problems, bases on learn from foreign experience, sets foot in national conditions, puts forward ideas to improve use rights of state-owned land and amends land usage period and renewal regulations; It improves relevant regulations of recovering the state-owned land usage rights in advance; makes clear of process of overall land utilization plans, gives a legal effect to the overall land utilization plan; establishes and sounds the management of land use rights transfer system and authorized agent system; puts forward collusion law countermeasures with pertinence and constructs information symmetric system.