The Infeasibility of Establishing Land Development Rights in China Based on the Path of Real Right

Using comparative analysis method and documentary method, this paper reveals infeasibility of establishing land development rights in China based on the path of real right, in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques, the land development rights rooted from property right paradigm do not contain possess the elements of object of real right and conflicts with the principle of statutory real right and single ownership. At the level of legal logic, individual case of TDR conflicts with real right in rem. In conclusion, it is infeasible to introduce land development rights based on the path of real right. In future, it is required to discard the concept of mechanical transplantion and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.

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Journal Article
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07, 09
Asian Agricultural Research
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 Record created 2017-04-01, last modified 2020-10-28

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