Dilemma and Solutions of Allocated Land Use Right Transfers in the Context of Construction Land Redevelopment
The purpose of this paper is to find the solutions to the dilemma faced by allocated land use right transfers in the context of construction land redevelopment.The research methods include theoretical demonstration,legal hermeneutics and empirical study.The results show that given the existing laws and regulations,whether the realization of allocated land use right mortgage needs approval is controversial,the subject of approval for allocated land use right transfers is difficult to determine,and the factors for approving the allocated land use right transfers are ambiguous.In conclusion,the realization of allocated land use right mortgage is included in the right transfers,and the relevant provisions on the approval of allocated land use right transfers should be applied.Based on the principle of legal priority and statutory authority,the people's governments of cities and counties exercise the right to approve the allocated land use right transfers.The administrative sector that has the right to approve should review the allocated land ownership,the allocation decision performance,the transfer legality,and whether the land use conforms to the current plan,and then classify the transfers according to different situations.
land use right transferslegal hermeneuticsallocated land use rightconstruction land use rightland institution