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
Abstract
Ligen Chen
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.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
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