September 24th, the press conference of the research on The Principles and Framework of Land Law Institution in China was held in Beijing. This was a joint research by Unirule Institute of Economics and JunZeJun Law Firm. Present at the conference were Mr. HUANG Xiaohu, Vice President of China Land Association; Mr. WANG Cailiang, Lawyer from Beijing Cailiang Law Firm; Mr. XU Gengsheng, researcher from CASS; Mr. ZHENG Zhenyuan, former chief of Ministry of Land; Ms. HUA Xinmin, expert in land preservation and author; and several journalists from major media from home and abroad. The conference was hosted by Professor ZHANG Shuguang, Chairman of Unirule Academic Committee.
Professor SHENG Hong first introduced the methodology, key findings, and background of the research. He stressed three key elements of the research, i.e., the distinction between sovereignty over land and property right of land, permanent tenancy as the alternative to collective ownership of land, and containment of power over land by land-related departments. The Framework of this research consists of the following aspects: the sovereign significance of china’s land; land property rights under state sovereignty; the types of land property rights, registration of land property rights (cadastral system); transaction and procedure for land property right; ownership, execution, transfer and extinction of collectively-owned land property rights; the ownership, acquisition, and transfer of land property right by government; supervision over execution of government-owned land property right; turnover, use, and supervision of the benefit of government-owned land; taxing, subsidizing, and regulating on land property right by the government; definition, power, and obligation of government land public administrative department; definition, power, and obligations of land planning and government land planning department; restriction and supervision over land related government department; and the judicial procedures to settle land disputes.
In addition, the research also investigated the problems faced with by the current land institution, including the forceful removal of citizens’ houses. It shed light upon the evolution of China’s land institution and undertook international comparative studies.
For the background of this research, Professor SHENG Hong introduced that “Since the founding of the People’s Republic of China in 1949, no Basic Act for Land has been created. What constitutes China’s land law system are relevant parts of the Constitution of People’s Republic of China, the Land Administration Law of the People’s Republic of China (1988), the Land Leasing Law, and the Law of the People’s Republic of China on Urban Real Estate Administration. Such a land law system lacks integrity, basic principles, and a complete framework. The practice of such a system has proved flawed over the past several decades.” See the report Totally 2 Pages,Now on the 1 Page 1 2 |