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조동제(Cho Dong-Je),沈萍(Shen Ping) 동아대학교 법학연구소 2010 東亞法學 Vol.- No.48
The significance of studying Rural Land Contractual Management Right is set by the importance of the Rural Land Contractual Management System, which has tremendous influence in Chinese Land legislation, with its core part of guaranteeing the transferring of Management Right of Land Contract(hereinafter called the Transferring System). Nowadays during the process of reform and opening up, with the development of industrialization and marketability, to innovate the Transferring System, establish and keep improving the allocation mechanism of the rural land resource according to the rules of market-oriented economy, became the key for solving the Three Dimensional Rural Issues. However, the Transferring System still meets problems while execution, due to the lack of a sound and unified market, as well as the imperfectness of the existing Rural Land System. The author of this thesis raised her own idea and suggestion toward these problems, by the way of analysing the existing circumstance and the barriers during the execution of the Transferring System, under the policy of Balance Urban and Rural Development.
조동제(Cho Dong-Je),심평(Shen Ping) 한국재산법학회 2008 재산법연구 Vol.25 No.1
After Decades of years of reform and opening policy in China, lots of achievements, which are about the reconstruction of property rights to the use of land in China, have been reached at theoretical level. Property Law in 2007,Doing away with the out-of-date theories and creating new ones are a general trend. However, why did the legislators make such a choice that goes against the public idea again? We try to describe and analysis the qualification and the licility of the right in the Chinese Rural Housing Land by following sections.<BR> First, on the basis of the Methodology of Institutional Change Theory, the author describes and analysis the history and development of the right in the China Rural Housing Land. Could help people to understand the situation of today and the future of the right in rural housing land.<BR> Second, the author defines the concept and the property of the right in rural housing land, a general concept in China of the right to the use in rural housing land is an usufructuary right, obviously ignore the fact of ideology features of China legislation system. It is the most possibly an ideal decision to meet the traditional theory of the law and the provisional economical system. It could not explain validity of the right in rural housing land under the China public ownership system. The authors persist on that the usufructuary right and right in rural housing land are complex rights, one should impersonally understand these right when study right in the Rural Housing Land.<BR> Third, research the mainstay, achieve, circulation of the right in the Rural Housing Land, analysis more depth in the manner of the circulation of the right in rural housing land, studies more in details on the defects of the existing circulations system, putting forward some feasible suggestions on the defects.