Research on Legal Issues of Interest Balance in Land Use

Author: Cao Xiaojuan
Publisher:
Publish Date: 2006-10-01
Features: This book aims to conduct an in-depth study of the legal principles of the land use legal system, exploring the foundation of establishing the land use legal system, with the hope of providing basic ideas and theoretical grounds for the revision, formulation, and improvement of China's land use legal system. In terms of specific research approach, the book is based on the premise that legal relationships are ultimately interest relationships, and it examines the correspondence between land interest relationships and legal adjustment. It explores the theoretical foundation and mechanisms, functions of the Land Use Law in regulating land use relationships. In terms of research methods, the book first proposes the legal issues of interest balancing in land use, and uses this as a starting point to analyze from the perspective of interest relationships, changing the research method of generally separating or confusing discussions between public interest and private interest in general studies. It explores and conducts comparative studies on the ideas of legal adjustment from three different perspectives: public interest, private interest, and public-private interest adjustment, to more comprehensively understand the characteristics of legal adjustment of different interest relationships. Through the research, the book concludes that the establishment of the land use legal system has an inherent theoretical foundation and guiding principles. On this basis, formulating, revising, and improving the land use legal system contributes to the development of China's land use legal system. If the interest relationships in land use are reasonably adjusted, the government's actions to achieve public interest are regulated, and the interest relationships of land users are adjusted, then the land use legal system is effective. Otherwise, it fails to achieve the intended effects of the Land Use Law.