Wednesday, April 27, 2011

either apt encounter the public welfare land use

Firstly, lukewarm congratulations to Research Xi'an Law Real Estate Law Seminar will be set up and the premier successful prologue!
Have carefully listened to the theme of the report benefited. In comments, I have to declare that I will Keynote address to hear to as theoretical, not as a chairman to listen to lectures and statements. Therefore, my rebuttal), including:
(a) national economic development and the relationship between the land system
(b) local / local development and citizen / chief co-ordinating the relationship among the
(c) of the Urban Land ( state-owned land) and the relationship between the collective land
(d) expansion of farmland protection and construction of the relationship between land
Second, the report briefed the problem in the same time, keen to point out the crux of these problems or where the opener points, including:
(a) the legitimate land rights of planters are not properly protect the
(b) the local administration collection of urban and rural districts the dual building of land ownership irrational
afresh to the existing legal policy and administrative amounts specific reflection point of outlook, the report identified the following specific issues:
(a) increasing the wage for land expropriation criterion does not entirely protect the kernel of the collective land rights
(b) The existing system of urban and rural construction overall land use system, there are urban-centric discrimination
(c) the purpose of land procurement process levied mm ; the generalization
; ecology, not the determination to, not only the simple. Meanwhile, in view of the report in the essential basic laws, its properties comprise the relationship between personal law relations and public law, private law norms and public law norms, either to encounter the public welfare land use, and accustom to the interests of land transactions, coordination of land rights and land authority in civil relations between the 2 , built on land that contains the structure for a diversity of legal relations. such as sustainable development. land use rights transactions (sale, rent, transfer, inheritance, and pledge); integrated land (real property) to cater for the registration agency. also need to farmland protection, establishment of permanent farmland, reinforce the land use control and other special consideration. If the motif of ​​this legislation can be achieved, it will be an important and historic legislative accomplishment. In this connection, I think the theme of the report the report honest, the motif of ​​tight, kick the real crux of the current system, but also led to my Consideration of related issues and Lenovo.
second level: comment. as opposed to attempting to form some arrange of echoes the report for reference.
(a) the premise of public interest
citizen legislation will be ; fastened to the research, chart, build the corresponding legal system of levy of property, including land and additional immovable property, floating property. yet the problem is in the put it, the premise of the subsistence of public interest exists? from the notorious effective protection, as the report to farmers in the collective statements are not legally safe land rights outcry. Therefore, whether legislation should remove the meaning of public interest,toronto escorts, must be apparently and effectively protect the (b) Public Choice and Public Policy
Sometimes, we often jumble the public alternative and public policy. public alternative is based ashore the individual's autonomous decision-making society, many individuals form some sort of autonomous decision-making public choice, that is, public choice is the amount of individual choice. Meanwhile, public choice also has a promiscuous component, public choice is not a technological, efficient, and even its fairness are often answered. individuals to ignore sexual misconduct arising from public choice basis of the problem still lies in the possibility of individual choice and reduce the ebb. and decrease the degree of individual irrational and promote the rationality of public choice is proportional. Public policy is mandated along public policy-making organ for the decision-making behavior, a uncomplicated Public speaking is the surrogate culling. Of course, as one deputy of course, the administration must be exercised within the agency power of lawyer, a clear approval to conduct their own agent, scope and responsibilities of the hereafter further the agency. In train, many administrative agencies is public policy traditions in the meantime is the executive apparatus of public policy, little sense of self-agency, such agencies tend to area the public's emancipation of public choice, and damage of public policy-making administration.
(c) the logic of the three land law class
follow the above ideas, in fact, the legal system can be decomposed into personal land, land rights, land rights and land rights and interests of public choice of three levels of public policy. Perhaps Property Law, Land Law and Land Management Act provides equitable three levels with this corresponding to the choice of system.
, of way, the objective reality is that no country in such a legislative model; in the theme of the report is also proposed to use the report Law differentiate between alter land legislation to replace the existing prototype? to be resolved what the legal system, norm, should not rigidly cling to a particular legislative prototype. In fact, I prefer to use Some of the land statute system. (without expansion)
(d) intermittent observation of the lawful system of land
the whole, the stage specifics of the land system in China is very manifest, the transition of land use rights have even now reached the land mart the right to use a period duration of 50-70 annuals, nevertheless I think the current law has stretched the conviction of land for residential pronounced, but likened to approximately 2030 a great number of these issues will break out. Therefore,shanghai massage, the optimistic estimate of the Land Law of China point in time relative promotion, it should be later 2030. By that time, most of all of you have retired.
As because the overall interests of the regional interests and citizen narrations, I consider the brothers has apt have good Well, always the money, who cares namely Father had left mini legacy it? On the inverse, numerous brothers have not money; alternatively some money, some money, Father died will no be peace. Now there should be disapproved voice: so rich namely Stanley Ho, too downtown home at birth namely not a attribute discussion? My reply is difficulty with Stanley Ho, are a few of his wife and babies belong apt his wife consisting of several characteristic camp, which his wife thought he was a few Ho's dear, and they themselves have a lusty independence; as Chairman Wu Bangguo said, they do a federal, We do not adopt. you worry approximately What?
Finally, I give these words if given a topic, I think tin be summarized:
no have something to mention, dumb.
Thank you host! Thank you,swiftly issued a precocious.!

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