Abstract: While establishing the land market legal system based on public ownership, we are bound to separate land use with land ownership. In China, after 20 years of onerous use of land, usufruct has been admitted in fact as having a separate real right status in law. While establishing China’KG-*8s land law framework, centered on usufruct, we should break the traditional restraint upon four elements of land ownership: occupancy, use, benefit and disposition. Rather, creation right, profit, usufruct, development and recovery are the important considerations. The functions of the four elements of the traditional land ownership should be incorporated into the new structure of land use regime.
Publication Year: 2006
Publication Date: 2006-01-01
Language: en
Type: article
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