Reform of Rural Land Property Right Institution in China
WU Ke-ning
Abstract
WU Ke-ning
Abstract
The purpose of this paper is to put forward basic ideas of rural land property right institution reform in China. Method of comprehensive analysis was employed. The results show that it is necessary to keep the institution of rural land ownership unchanged, to identify the contents of subject, object and rights of the rural land ownership, and to distinguish the land ownership and supervision right strictly. Based on the ways to obtain right to the use of rural land by contract, bid and auction, the system of right to the use of rural land should be perfected. Therefore, in addition to traditional methods, such ways as remising, leasing and evaluating to provide the fund should be added too. The grant of rural land should share the same rights as nation land. On the condition of ensuring the land use unchanged, the use right of rural land obtained by different methods should have different size, quantum and duration of right for transference, rent, mortgage and so on. The land register institution should be perfected, and the secondary market of the rural land should also be regulated.
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The purpose of this paper is to put forward basic ideas of rural land property right institution reform in China. Method of comprehensive analysis was employed. The results show that it is necessary to keep the institution of rural land ownership unchanged, to identify the contents of subject, object and rights of the rural land ownership, and to distinguish the land ownership and supervision right strictly. Based on the ways to obtain right to the use of rural land by contract, bid and auction, the system of right to the use of rural land should be perfected. Therefore, in addition to traditional methods, such ways as remising, leasing and evaluating to provide the fund should be added too. The grant of rural land should share the same rights as nation land. On the condition of ensuring the land use unchanged, the use right of rural land obtained by different methods should have different size, quantum and duration of right for transference, rent, mortgage and so on. The land register institution should be perfected, and the secondary market of the rural land should also be regulated.
Key concepts: Property rights, Institution, China, Land law, Land tenure, Business, Nonpossessory interest in land, Economic growth