Key word.Land, land ownership, the Constitution

In the lawyer's occupation career once met such a fun and can not solve the case, to talk about here, for your reference, in order to find the solution, perhaps for the legal construction of the Chinese do what little one can to help.

 I always live in Guangzhou City, his property is inherited from a grandfather's hand, his grandfather before liberation through the purchase of land for housing and living. Due to the factory during the cultural revolution, occupy his land, not for the perfect acquisition procedures, the Bureau of land management in the process to the factory and so for the land certificate. Now because of city land value increment, so want to return to the land, but the factory is not willing to, then a suit, a request the Bureau of land management recognized land rights. After the court session, the Bureau of land management, a viewpoint is put forward, according to the constitution of 1982, the land is owned by the state, such is not the ownership of land, the judges adopted the views.

As everyone knows the reason, because the establishment of the people's Republic of China, the overthrow of the former national government, in China regime, the whole society reform, abolishing, new laws, the fracture of the law. In the original national government law is that the private ownership of land, the land can be traded, and by the founding of the people's Republic because do not pay attention to the law, leading to a variety of policies, therefore does not have stability, develop until the constitution of 1982 was a clear rules for all the landArticle tenth City of the land belongs to all countries, reflected in the land management law has confirmedArticle eighthCity urban land belongs to the state. This is the crux of the problem, the country by the law to get through a regime of the law of the land in the people's Republic of China is approved?

 My view is that we should get approval, the reason is in accordance with the new China established policy, various kinds of private property to be retained, although after the liberation has produced a public-private partnership, but not for personal use property. Until 1982 the provisions of the constitution of the national ownership of land, the new regime by law can be nature of land change, essence is the starting point for the calculation of land use right from this time, but only the provisions of the state and does not require all private has no right to use, then the constitutional law of land use rights is also based on this, I think from the constitutional provisions since the former regime buy land should be protected in the new Chinese, can help solve a lot of social problems.

Of course, opposing views have certain truth, the new regime can through legal ownership change property, as long as the law should be strictly applied, otherwise it will not find legal provisions of other better, if not applicable legal provisions is illegal. This is mechanical to set of laws, but do not understand the background and historical origin of new China was founded, in the face of such a large number of social problems, through legal right to dredge the grievances, to resolve disputes.

                            Friday November 13, 2009