중국의 도시토지소유권제도에 대한 고찰

Abstract

Land ownership is the right of land owners to possess, use, enjoy, and dispose of land in accordance with the law, which can be said to be a legal expression of the land ownership system in a certain social form. China recognizes state ownership and collective ownership of land. In the early days of the founding of the PRC, China confiscated the land which owned by foreign capitalists, large landowners, bureaucrat-capitalists, and national capitalists and converted into state ownership. Also recognized the private ownership of the rural and urban lands, and taken on various forms of ownership. Afterwards, as land reform, socialist reform, and the Cultural Revolution passed, the existing land ownership system was abolished and the right of land use system was implemented. However, there was still some individuals owned the land in the cities, and debate over the issue of the attribution of urban land ownership has been going on for a long time. Establishment of state ownership of the land in cities produce the positive influence in establishing medium and long term urban development plans and utilizing urban land with high efficiency. On the other hand, there also discovered several problems, such as lack of systematic legislation, lack of accurate awareness of urban land ownership, the operators who can exercise the right to urban land ownership is not certain, compensation issue about the land converted from private ownership to state ownership, the unitary land ownership system is difficult to accommodate to the development, use and protect land. Discussions to resolve such above problems are taking actively in China. These discussions focus on how to understand the state ownership of the urban land, and how to establish the certain concept and scope of the city, how to establish the operators who can exercise the right to state ownership, how to compensate when the urban land converted from private ownership to state ownership.