中國 土地使用權 出讓에 관한 法律的 檢討

• 영문명: Legal Issues of Transfer of the Right to the use of Land in China
• 발행기관: 한국재산법학회
• 저자명: 조동제(Cho Dong-Je)
• 간행물 정보: 『재산법연구』재산법연구 제21권 제1호, 281~304쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.08.01

영문 초록

The basic concept farmed by the 1988 amendments to the Constitution is the separation of land use rights from the ownership of land Subsequently, a series of laws and regulations have been promulgated to perfect the legal framework of China's land use system AccordIng to the Constitution, all land located in urban areas is owned by the State, while the land in rural and city suburban areas is collectiveiy owned. Collective owners of land generally include farmer economic collectives, village commumties or township farmers collectives, In other words, all land is publicly owned by either the State or the collectives. On the other hand, land use rights are distinguished as type of intangible property, and may be sold by the State to various land users including companies, enterprises, organizations, or individuals for value, Land users who have acquired land use rights from the State may, in a further step, sell or transfer in some other way, the land use fights to third parties, but the land always remains in public ownership.

목차

Ⅰ. 序 論

Ⅱ. 土地使用權出讓의 槪念과 法律特徵

Ⅲ. 土地使用權出讓의 法律性質

Ⅳ. 土地使用權出讓의 效力

Ⅴ. 土地使用權의 終止

Ⅵ. 結 論

참고문헌

초 록