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2 In relation to the Property Law of China:
(a) explain the meaning of the right to the use of construction land and its legal nature;
(b) state the right to the use of construction land, for commercial purposes, which shall be created by the form of assignment;
(c) describe the necessary procedure to be taken to create the right to the use of construction land.
答案:
2 This question requires candidates to explain the meaning and the legal nature of the right to the use of construction land, state such rights for the commercial purposes which shall be created by a form of allocation and the creation of such a right under the Property Law:
(a) The right to the use of construction land is a kind of usufructuary right in legal nature. In accordance with Article 135 of the Property Law, the holder of such a right has the right to possess, use and seek proceeds from the land owned by the state, and shall be entitled to erect buildings, architectures and their auxiliary facilities on such land. The ownership of the construction land belongs to the state.
(b) In accordance with Article 137 of the Property Law, as regards land used for industry, commerce, tourism, entertainment, residential housing or any other commercial purposes, or there are at least two intended land users interested in the same piece of land, the assignment of the right to the use of construction land shall adopt such means as auction, bid invitation or any other public bidding methods.
(c) In accordance with Article 139 of the Property Law, to create the right to the use of construction land, an application for the registration of such a right shall be submitted to the relevant registration department. The right to the use of construction land shall be created as of the completion of such registration.
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