关于地权指界法律制度构建的探讨

Establishing the Legal System for Delimiting Physical Boundary of Land Property Right

研究目的:地权指界是界址调查的一个必要程序,也是减少土地纠纷的必要手段,搞好地籍调查必须强化现场指界。研究方法:文献研究法,理论研究和实践研究法。研究结果:地权指界同时具有民事法律性质和行政法律性质,地界指认中表现为民事法律关系,地界界定中表现为行政法律关系。研究结论:建立和完善地权指界法律制度,应当明确地权指界制度的适用范围,确立地权指界制度的法律效力,完善地权指界制度的实体规定,规范地权指界制度的法律程序,严格地权指界的法律责任。

The purpose of this paper is discuss the legal system for delimiting the physical boundary of land property right. The delimitation is a necessary procedure within the cadastral survey, as well as a necessary mean to reduce land disputes. Methods of documentation, theoretical and practical studies were employed. Results indicated that the delimitation had two legal features. One was the civil legal character, and the other was the administrative legal character. The physical boundary survey belongs to the civil legal one, and the later certification belongs to the administrative one. Regarding the establishing and perfecting of the legal system-for the delimitation of physical boundary of land property right the paper concluded that it was necessary to define clearly the scope of the whole system, legalize the authorities, improve the substantive provisions, regulate the proceedings, and strictly enforce the liabilities.