The Infeasibility of Establishing Land Development Rights in China Based on the Path of Real Rights

• 作者: Jingshen DU Ping LUO
• 来源期刊: 亚洲农业研究：英文版
• 学科: 政治法律
• 关键词: LAND LAW LAND development RIGHTS REVIEWS Real righ
• 年，卷（期）: yznyyjywb_2015,（9）
• 页码范围: 28-32 40
• 页数: 6页
• 分类号: D923.2

摘要

Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.