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

作　　者：Jingshen DU Ping LUO 

机构地区：[1]Shenzhen Research Centre of Digital City Engineering [2]Key Laboratory of Urban land Monitoring and Simulation,Ministry of Land and Resources of the People's Republic of China

出　　处：《Asian Agricultural Research》2015年第9期28-32 40,40,共6页亚洲农业研究（英文）

基　　金：Supported by Special Fund for Scientific Research of Public Welfare Industry of Ministry of Land and Resources of the People's Republic of China(201411014-4)

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.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.

关 键 词：LAND LAW LAND development RIGHTS REVIEWS Real righ 

分 类 号：D923.2[政治法律—民商法学]