중국의 토지사용제도에 대한 연구

중국의 토지사용권 제도 개혁과 유상 이전을 연구했다.

As the socialist state, the government of China executes a administrative apportionment system which is non-compensation indefinite period and non-exchange until the seventies in the twenty century . after year of 1979, reform was propelled from each field of china ,the system against a land use reformed according. At 1987,the land right of using executes a compensatory transfer initially from Shenzhen city in China. It opened the prelude which reform a city land use system basically.after that land use system and land use regulation with compensation and period started legally.and from 1990 compensation of the land executes the use which is organic in the city of the entire country.

the process of reform is from rural to city then coastal region ,especially it will take preference in special economic zones, then spread all over the country gradually. Adhere strictly to the principle of land public ownership, a land ownership and the right of using was separated base on the reformation of land use system, the related right of the property was settled definitely. The regulation which the land of using is related basically perfected in theory, practical affairs and relation legislation. the real estate real right become similar to the right of lease registrated in the law of reality in capitalistic country.

under the earth public ownership in china, the land right of using is similar with the right of ownership for the individual and corporation ,so we can say they have four kind of authority after they get the land right of using currently the conveyance and allotment system of city land right of using is the most important method to acquire the governmentowned land right of using. It is the tendency to the regulation of new system that putting the compensation system first ,allotment system second, and the basic position of chinese government is to put bidding auction method in importance, to reduce the discussion method.

but in fact, the discussion method is still the main way in conveyance of land right of using