중국 토지사용권 출량에 관한 법률적 검토

Abstract

Legal Issues of Transfer of the Right to the use of Land in China Cho, Dong-Je The basic concept formed by the 1988 amendments to the Constitution is the separation of land use rights from the ownership of land. Subsequently, a series of laws and regulations have been promulgated to perfect the legal framework of Chinas land use system. According to the Constitution, all land located in urban areas is owned by the State, while the land in rural and city suburban areas is collectively owned. Collective owners of land generally include farmer economic collectives, village communities or township farmers collectives. In other words, all land is publicly owned by either the State or the collectives. On the other hand, land use rights are distinguished as type of intangible property, and may be sold by the State to various land users including companies, enterprises, organizations, or individuals for value. Land users who have acquired land use rights from the State may, in a further step, sell or transfer in some other way, the land use rights to third parties, but the land always remains in public ownership.