The establishment of a unified urban and rural construction land market and value,which contrasts between agricultural land use market and the construction land use market,will push China's collectively-owned land...The establishment of a unified urban and rural construction land market and value,which contrasts between agricultural land use market and the construction land use market,will push China's collectively-owned land development right to a more prominent position.China's public ownership of land determines the state's fictitious right over the collectively-owned land development right,and such right formed by state fiction is composed of land ownership and land use right.The right can be severed from them under certain circumstances for independent market transactions as well.The fictitious right over collectively-owned land development right and the land development right formed by fiction constitutes a dual right structure in China's collectively-owned land development right system.The dual right structure of land development right can help tackle theoretical and practical problems that could not be solved for long,for example the terms and meanings of the grant of collectively-owned development land.Building such a content system for China's collectively-owned land development right will be of major significance for the establishment of a market operational mechanism of China's land development right and solving the theoretical and institutional dilemmas for land acquisition and compensation.展开更多
基金funded by the MOE Youth Project in Humanities and Social Sciences,entitled Researches on Market-oriented Reform of Regulation System of Land Usage in China(CLS-D1025)the 2015 Annual Construction Project of the SWUPL Innovation&Research Institute of Urban and Rural Development,entitled China's Practice and Outlook in the Transfer of Land Development Rights(TCCX15LW06)
文摘The establishment of a unified urban and rural construction land market and value,which contrasts between agricultural land use market and the construction land use market,will push China's collectively-owned land development right to a more prominent position.China's public ownership of land determines the state's fictitious right over the collectively-owned land development right,and such right formed by state fiction is composed of land ownership and land use right.The right can be severed from them under certain circumstances for independent market transactions as well.The fictitious right over collectively-owned land development right and the land development right formed by fiction constitutes a dual right structure in China's collectively-owned land development right system.The dual right structure of land development right can help tackle theoretical and practical problems that could not be solved for long,for example the terms and meanings of the grant of collectively-owned development land.Building such a content system for China's collectively-owned land development right will be of major significance for the establishment of a market operational mechanism of China's land development right and solving the theoretical and institutional dilemmas for land acquisition and compensation.
