Dissertation > Political, legal > Legal > Chinese law > Land Law

Research on Legal Aspects of "the Informal Property Rights" on Rural Collective Land

Author ZhangTianHui
Tutor YinWeiMin
School Dalian Maritime University
Course Legal
Keywords the Informal Property Rights Dualistic Land System Homestead Circulation Differential Solution
CLC D922.3
Type Master's thesis
Year 2009
Downloads 850
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"The Informal Property Rights" is the concept of social convention, followed by the General Office of the State Council, Ministry of Housing and Urban-Rural Development documents issued, but there is no normative definition between academic circles and legal justification, involving plenty of complicated legal problems in which not only embodies delay of legislation and conflicts of application of law, but appears many illegal activities in reality. So it is the basic issues how to define "the Informal Property Rights" clearly. This article is divided into four parts in addition to Introduction and Conclusion.Part one explains the basic issues of "the Informal Property Rights", with a view to grape its overall understanding. "The Informal Property Rights" is defined to clarify the object of discussion, then the author describes the positive significance and the negative impact after summarizing the characteristics of "The Informal Property Rights", at the present stage.Part two analyses the root causes of "the Informal Property Rights" judging from the economic and institutional aspects. On the one hand, the remaining rural land, the imbalance of urban construction land and real estate between supply and demand, rising land costs and unreasonable distribution pattern of land value-added income lead to the development of "the Informal Property Rights" together; On the other hand, the dual legal system of land is the root causes of the emergence of "the Informal Property Rights", which hinders the unity of land and buildings or other things firmly fixed on the land ownership.Part three attempts to clarify the legal issues involved in Civil Law: registration, mortgages and other property issues; the validity of the contract; inheritance, bequests and gifts, as well as issues such as supervision and management, under circumstance of lack of legal basis at this stage.Part four is to analyze and solve problems. Combined the Party’s land policy, the basic principles of Civil Law and the existing laws and regulations, the writer demonstrates the theoretical foundation of "the Informal Property Rights" legalization, and based on this analysis, stresses that it is unreasonable to take a single solution that is declared to be illegal to be removed, legislators should refine the rural land classification according to different characteristic, then take "different" legal solution to "the Informal Property Rights" on rural collective land. Taking into account the actual situation factors and integrating the reasonable provision of current laws and regulations, the writer states the amendment-thinking to "the Informal Property Rights", with a view to reduce the cost of legislation and achieve unity and stability of the legal system transition.

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