2010Economic SurveyRequires access

A Discussion on the Constitution of Land Rights from the Perspective of Property Rights Law——Reflection on the Existing Land Rights System on the Basis of the Duality of Property Right

Ligen Chen

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Abstract

From the perspective of property law,the land rights system can not be included in property law system,even civil rights system.The division between the property rights of land in public law and private law is the basic framework of land property rights system.The aothors divide the property rights of land into land property rights in public law (land right of the state) and land property rights in private law (land ownership,land using right,the right to inherite land,etc.),which is of positive significance to explaining the legal relationship on the operation of land rights and clarifying various theoretical myths about land rights.The dual system of land property rights should be one of the theoretical bases of the reform of land rights system of our country.

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What this paper is about

From the perspective of property law,the land rights system can not be included in property law system,even civil rights system.The division between the property rights of land in public law and private law is the basic framework of land property rights system.The aothors divide the property rights of land into land property rights in public law (land right of the state) and land property rights in private law (land ownership,land using right,the right to inherite land,etc.),which is of positive significance to explaining the legal relationship on the operation of land rights and clarifying various theoretical myths about land rights.The dual system of land property rights should be one of the theoretical bases of the reform of land rights system of our country.

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Available abstract

From the perspective of property law,the land rights system can not be included in property law system,even civil rights system.The division between the property rights of land in public law and private law is the basic framework of land property rights system.The aothors divide the property rights of land into land property rights in public law (land right of the state) and land property rights in private law (land ownership,land using right,the right to inherite land,etc.),which is of positive significance to explaining the legal relationship on the operation of land rights and clarifying various theoretical myths about land rights.The dual system of land property rights should be one of the theoretical bases of the reform of land rights system of our country.

Key concepts: Land law, Nonpossessory interest in land, Property rights, Right to property, Numerus clausus, Law, Reservation of rights, Property law

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