Advance And Retract The Use Right Of State-owned Land Compensation Problem Research

The economic growth has already entered into a brand new cycle with the sustainablegain momentum of reform and opening up; meanwhile, as the accelerating process ofurbanization and the accumulating input of old-urban reform, more right of the use ofstate-owned land will be withdrew ahead of time in the name of public benefits. As civilmajor ownership of property, the value of allocation about the right to use state-owned landcannot be fully received by residence, and the issue of compensation should not be dodged.Nevertheless, the newly-published Regulations on the Expropriation of Houses onState-owned land and compensation has weakened the benefits protection of real estateusufructuary right, no matter on the level of concept, system or other specific designs of theregulation, framework and configuration more or less. Thus, this thesis mainly focuses on thestudy about the compensation on ahead-of-time-withdrew state-owned land with the aim toemphasize and demonstrate the concept of legislation protection in the field of the right to usestate-owned land.Except the foreword and conclusion, the thesis are in possession of three parts: The firstpart is the theoretical reason about the ahead-of-time-withdrew state-owned land. First of all,it begins with the basic theory of the right to use state-owned land, collection andexpropriation; analyze the possibility of ahead-of-time-withdrew state-owned land and thenecessity of compensation, and argue the trait about public benefit collection of withdrawingthe right to use state-owned land as well as property trait on the right to use state-owned land.The second part is about the tree dilemmas about the right to use state-owned land, it isstudied from the status quo of the legislation of the right to use state-owned land, illustratingthe disunity of compensating domain as well as its defective process, the incompleteness ofthe relieve approach; meanwhile, it also analyzes the reasons about the existence ofpredicament. Then, the predicament is unscrambled from two aspects, i.e."Definition ofpublic interest subject" and "Ownership". Based on the fact that the government substitutesthe compensation shall with the "Location price" and "Land-transferring fees" more often than not, it discusses the practical predicament of withdrawing the right of state-owned landin advance. The third part is the compensating solution to withdraw the right of state-ownedland in advance from the aspects of compensating domain, approach, process, definition ofpublic interest subject and relieve approach.