中国土地制度的宪法解释：问题、争议及权衡

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March 2019

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Citation: Lei LIU. Constitutional Explanation of Chinese Land System: Issues, Disputes and Balance[J]. Academic Monthly, 2019, 51(1): 105-114. shu

Constitutional Explanation of Chinese Land System: Issues, Disputes and Balance

Lei LIU

Abstract

In recent years, our land system induces many disputes, focused on the different explanation to the tenth article of the Constitution. Many scholars try to ' go back to the Constitution”, and solve the disputes by an formal explanation of the articles concerning land in the Constitution. However, owing to different individual methodology, the disputes could not be solved by the explanation of the articles concerning land in Constitution through the theory of basic right, and, in fact, the kernel point of this dispute lies at the distribution of the revenue of value-added of land. This distribution is closely related with the Constitutional system. Therefore, it must be cautious to deal with the basic frame of land system established by the Constitution and do not violate the Constitution in views. As for the decision-making sectors, attentions should be paid to the changes of land system, especially to the readjustment of the mechanics of distribution of the value-added revenue of land, which is to be conformed to the current stage of citification. It is also important to balance the effects of this change.
- the Constitution of 1982,
- land system,
- constitutional explanation,
- citification,
- be cautious not to violate the constitution
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沈阳化工大学材料科学与工程学院沈阳 110142

Constitutional Explanation of Chinese Land System: Issues, Disputes and Balance

Lei LIU

Available Online: 2019-01-01

Abstract: In recent years, our land system induces many disputes, focused on the different explanation to the tenth article of the Constitution. Many scholars try to ' go back to the Constitution”, and solve the disputes by an formal explanation of the articles concerning land in the Constitution. However, owing to different individual methodology, the disputes could not be solved by the explanation of the articles concerning land in Constitution through the theory of basic right, and, in fact, the kernel point of this dispute lies at the distribution of the revenue of value-added of land. This distribution is closely related with the Constitutional system. Therefore, it must be cautious to deal with the basic frame of land system established by the Constitution and do not violate the Constitution in views. As for the decision-making sectors, attentions should be paid to the changes of land system, especially to the readjustment of the mechanics of distribution of the value-added revenue of land, which is to be conformed to the current stage of citification. It is also important to balance the effects of this change.

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