| Summary: | 碩士 === 東吳大學 === 法律學系 === 101 === As land is limited and non-renewable, an efficiently and orderly operated land market must be created, so as to maximize the land use efficiency. China has formed its unique land ownership and use rights separation system over the past century, based on which, its land policy is developed gradually. Since the advanced countries ruled by law lack similar systems, it is difficult to comprehend its land system thoroughly. It is still a problem for the enterprises or land developers to deal with land issues in China.
This paper first introduces the historical track of transformation of private land ownership into fully common land ownership in China, so as to know the land ownership and use rights separation in China. Based on this, the land use right as cooperative development and management target of real estate is discussed. The opinions on the allocated land use right and collective land use right which cannot be cooperative development target are proposed. Second, this paper analyzes the properties of the Contract of Real Estate Cooperative Development and Management, and borrows ideas from Taiwan's theoretical and practical views on the properties of joint construction contract, so as to explicit the correct legal application of the Contract of Real Estate Cooperative Development and Management. Finally, the control and intervention of the China government for the Contract of Real Estate Cooperative Development and Management are summarized. The background foundation and interventions are proposed, and the intervention purposes and means are reviewed. The probable legislative direction in the future is suggested to be used as reference for improvement.
This paper is organized into eight parts. Chapter 1 is the introduction. Chapter 2 describes the transition of land system and the establishment of real estate law of China. Chapter 3 describes the concept, type and land acquisition of cooperative development and management of real estate. Chapter 4 presents the concept, characteristics and properties of the Contract of Real Estate Cooperative Development and Management. Chapter 5 details the establishment and implementation of the Contract of Real Estate Cooperative Development and Management. Chapter 6 describes the validity of the Contract of Real Estate Cooperative Development and Management. Chapter 7 states the theory, existing condition and reflective thinking of intervention of public right in the validity of the Contract of Real Estate Cooperative Development and Management. Chapter 8 gives conclusions and suggestions.
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