澳门土地批给制度研究——以“两种土地批出方式”为视角

On the Land Approval of Macao——From the View of Two Types of Land Approval

澳门土地批出具有两种形式:以长期租借方式批出和以租赁方式批出。他们都各具特点并在《土地法》中规定得较为详尽。如临时批出的设置、对无偿批给的严格限制等都是优秀的制度设计。但施行多年的《土地法》仍然存在若干问题,如长期租借的临时批给年限问题、长期租借的租赁的可流动性问题、批出土地续期问题等。

The land approval of Macao has two quite different forms,one is approved by a long-term lease,and the other is by leasing,which are both regulated detailedly in the land law making provisions such as provisional ratification and close restraint to acquisition without consideration.It is believed that there are still several problems in implementing the land law,such as the number of years for provisional ratification of a long-term lease,the fluidity for a long-term lease,and renewing of the approved land.