News

By Chen Hongjie. Translated by Jelly Feng. November 4,2014.

At 1:30pm on November 4,2014,the fourth activity of the fifth academic salon in Law School was held in Room 407,a teachers’ office in the temporary office building for Law School.Doctor Xu Jiandelivered a speech named “Something about The Construction and The Use of Land:Rights,Regulations and Interests Allocation”.
 

In Doctor Xu’s opinion,ownership means full dominion of something. Moreover, construction and use of land are the expressions of right for dominion of land ownership,but it’s limited by some external rules like plans.Whether some rules for construction or not, the right for dominion of land ownership can’t be realized for sure.The right of land construction can’t be negated broadly by the limit of external rules.As long as in line with rules,any land can be constructed and used regardless of its ownership form.In China,apart from external rules,it’s also limited by rules of setting up rights. In original logic,construction and use prohibition on collectively-owned land is related to the nationality of construction project.Rules on construction may lead to unfair distribution ofinterests.It’s the main content of reform on the legal system of land that setting up a dual-track system on land construction. According to public welfare or not,make sure the plan represents the public will, establish and perfect the tax adjustment system of construction interests,etc.
 

The salon was commented by Doctor Chen Yuefeng, whois the research assistant in East China University of Political Science and Lawandpostdoctoral researcher in Chinese Academy of Social Sciences.Doctor Chen commented that the article selected a grand topic, which could control complex propositions for all kinds and started from the dimensions of comparison and history.What’s more,it discussed both factual proposition and standard proposition.But it was a pity that although the topic “Rights,Regulations and interests allocation” corresponded to three parts of the article, it lacked of a mainline to integrate the whole article.And something more needed was digging out the complex historical changes on land ownership in our country.
 

In the part of free talk,Professor Xu Jiqiang and Professor Zhu Xiaozhe put forward valuable suggestions about the article.They held the opinions that, in order to create a better realistic context aiming at current problems, we should correctly handle differences between the meanings and uses of the concept “construction rights”in civil law and in administrative law.Through full discussion,the salon ended successfully.

(Original News:http://law.shufe.edu.cn/structure/xyxwxx_164515_1.htm)