城市老城区私房用地使用权探讨

摘要

The purpose of this paper is to discuss the concept and the management system innovation on the transfers of the land-use right of urban private house in old built-up zones. The existence of such private houses in current state-owned and collective-owned property settings are due to the historically reserved issues. Providing policy recommendations are also the aims of this paper in order to improve the national land cadastral management regulations, and protect the legal rights and interests of the private houses'owners, as well as improve the mechanism of the urban land income distribution. Methods of local surveys, induction and summarization were employed. The results indicate that the definition of urban private land-use right is complex and necessary. Thus, some preliminary suggestions related to defining urban private land-use right and perfecting eadastral management are brought forward. It is concluded that specialized laws and regulations of private house land-use right in old built-up zones should be urgently made and the registration and certificate granting work should be accelerated.%研究目的:对历史遗留的城市老城区私房用地使用权定性和转让等管理制度创新进行探讨,为完善国有土地地籍管理制度,保障私房用地权利人合法权益,健全城市土地收益分配机制提出建议.研究方法:基层调查法,归纳总结法.研究结果:明确了城市私房用地使用权确定的复杂性和必要性,提出了城市私房用地使用权性质确定和地籍管理制度完善的初步性建议.研究结论:应加紧出台城市老城区私房用地使用权专项法规制度,推进登记发证工作.