中國 建設用地使用權 流動制度의 법률적 검토

In China, with the establishment of the system of compensated land-use, according to the law the land for construction use which should be compensated is all included in compensation for the use; and then formed a primary land market which takes lease and grant of the land-use rights as the main body, and a secondary land market which takes transfer, sublease, exchange, and mortgage of the land-use rights as the main subjects. Primary land market can be said as the vertical movement of the land use rights, and their task is to realize the initial allocation of land resources. Secondary land market is the horizontal movement of the land use rights, and their task is to realize the re-allocation of land resources. In the primary market, the ratio of leasing the construction land-use rights by bidding, auction, and listing has been improved significantly. In the secondary market, the land-use rights are primarily circulated by transferring, leasing, and mortgage. The convergence between the primary and the secondary urban land market provide the necessary platform for the important production factor - urban land-use rights; constitute a crisis-cross network for circulating of the land-use rights; and improve the utilization efficiency of land resources. Motivated by the macro-control in China, since the establishment of the compensated use of land, land-use rights transactions become more active. The reason is that high-quality land scarcity in the currently open market, under this situation, the developer getting the ideal land-use rights from the primary market becoming more difficult. Instead of the primary market, the secondary provide many ways for the developers to get land-use rights. However, in the current land-use rights administration is not standardized and not well formed. The land-use right problems are exposed in the secondary market, characterized by that the invisible land transaction in secondary market is extremely active.