中國 建設用地使用權의 出讓에 관한 法的 檢討

Abstract

With the deepening of the reform on land use system, laws and policies for construction land use rights transfer have been made and developed. As China is reforming from planning economy to market economy, the right of use in state-owned construction land develops into a new stage of being paid, time-limited, and circulating. Land policies have been an indispensable part of macro-regulation of economy since 2003. A law and policy system has been set up after several years’ effort on legislation and regulation. Based on the land use reform, "construction land use rights" has gained its legal status, according to Property Law promulgated in 2007. Property Law provides a wider range, as well as the ways, of land-use transfer, compared with Real Estate Management Law. Land Management Law, Urban Real Estate Administration Law, and other administration rules and regulations were the main provisions of land-use transfer before Property Law was issued. Construction land use rights transfer is a state monopoly. Its legal system consists of civil law system, land administration, economic legal system, and various relevant policies. Problems exist, since China is undergoing a stage of constructing and revising law policies of land-use rights transfer. The formulation of principles by Property Law leaves room for revision and adjustment of land management laws. The promulgation of Property Law provides a good chance to revise, establish, and improve the law system of the state-owned construction land-use rights transfer. This thesis explores the legislative defects and the practical problems of the present land-use rights transfer through analyzing the basic theories and present law regulations, and puts forward the ideas of improvement on the law of construction land transfer. This thesis consists of four parts