Research on Land Resource Protection and Civil Legislation

Author: Guo Jie
Publisher:
Publish Date: 2002-01-01
Features: In terms of research background, economics has a long history of studying land systems, particularly rural land systems. Its influence on national policies may be more direct than that of the legal field, but when it comes to legislation, it cannot design the legal logic of institutional arrangements from the perspective of rules. For law, economic relationships can only generate legislative motivation and cannot directly rise to rules. The integration of economic research findings with legal studies is a practical approach in this book, which in turn determines its research methodology—the combination of rational analysis and the reality of economic relationships.
Regarding the existing phased achievements in land systems within the legal field, they are by no means scarce. However, some of these achievements were formed in the early stages of the establishment of China's land market, while others introduce domestic and foreign systems. In terms of rational analysis of specific systems, especially the discussion of inherent rules with national characteristics, there is a lack of in-depth analysis or innovation, and there is an excessive inclination toward the old system.
It is particularly noteworthy that land, as the basic object of property relations, has undergone a historical evolution in its legal positioning—from resources to property to resources plus property. The concept of sustainable development in the 21st century has placed dual missions on land—efficiency and social equity. Therefore, expanding the perspective from property to a broader concept of resources and extending the study of land to spatial rights, water rights, mining rights, and other resource property rights is a new challenge posed by the times to legal research, as well as a new perspective in this book.