城乡一体化进程中土地利益分享的民法分析-civil law analysis of land benefit sharing in the process of urban - rural integration.docxVIP

PAGE PAGE 1 Abstract With the acceleration of the process of the integration of urban and rural areas, the sharing of land interests is getting to become a crucial problem which influences the deepening of social reform. The purpose of this article is to base ourselves on the actual demand of all obligees, to achieve integrated framework of the legal system of land-benefit-sharing through the improvement of the land law system, and to make all obligees fully share their land interests. The main content of the article are as follows: the introductory portion sums up the contents of the article, gives an introduction of the theoretical significance and practical value of this research, explains basic thoughts, methods and innovation points of the article. This thesis is composed of four parts besides foreword: Part 1: Overview of the sharing of land interests. Briefly describe land and its natures, functions. Introduce the contents of land interests. Investigate the history of land tenure system and current status of land benefit-sharing unbalance. Part 2: Probe into the causes of land-benefit-sharing unbalance. This part includes: Rethink the problems based on the double-track system of the land ownership. Analyze the predicament faced by collective land ownership. Probe into the status of land-use right in China’s Real Right Law and its unreasonable points. Separately discuss the existing problems of the land contractual management right, land-use right for construction purposes in urban areas and land-use right for construction purposes in rural areas. Introduce the land development right system from Britain and the United States and analyze the relations between the lack of land development right system and land benefit-sharing unbalance in China. Part 3: Assess the path of improving civil-law-adjust mechanism of the sharing of land interests. Firstly, it introduces 3 reform schemes for collective land ownership, analyses their advantages and disadvantages in