The temporary use of state-owned land,centered on the Land Management Law,pursues the passive resource allocation rule of"not activated unless necessary",which has the typical attributes of administrative supervision systems.In the process of implementation,it faces problems such as the adminis-trative path encroaching on the civil path,the lack of independent rules for temporary use that are different from civil leases,and the poor connection with the formal land supply system due to the ambiguity of the system's positioning,which fails to meet the demand for asset-based utilization of land resources and results in the loss of the rights and interests of the State's owners.In response to the reform trend of"moderate"separation of administrative supervision power and state ownership in land resource management,the basic principles of"giving priority to use"and"not blocking formal land supply"should be followed,and a new system of owner's interest-oriented temporary use should be established.The function orientation of the sys-tem is positioned as a revitalization measure targeting unprovided land in the inventory and post-provisioned idle land in the overall management of land resources.It is necessary to set up the legal types of temporary use of custody,transition and revitalization by means of special legislation,and to construct special rules in terms of the conditions of activation,the duration of use and consideration,the causes of extinction,the remedies of liability and the determination of validity.
关键词
临时使用/国家土地所有权/行政监管权/土地租赁
Key words
Temporary Use/State Land Ownership/Administrative Supervision Power/Land Lease
万方数据