关于“城市土地国有”法律规定的几点思考

研究目的：研究“城市土地国有”法律规定,为完善有关法律规定提出建议。研究方法：文献研究、理论研究、实证研究。研究结果：“城市土地国有”法律规定存在内涵和外延不够明确、边界不清导致的确权困难以及现实存在的“插花地”所有权转换障碍等理论和实践操作层面的难题。研究结论：应本着尊重财产权、尊重历史和现实的原则,修订《宪法》第10条、《物权法》第47条和《土地管理法》第8条等相关法律条文。

Several Reflections on Legal Term of &ldquo|Land in the Cities is Owned by the State”

The purpose of the paper is to study the legal regulation term“land in the cities is owned by the state” and provide suggestions for perfecting relevant legal terms. Methods of documentation, theoretical and empirical study were employed. The results show that there are several knotty problems at theoretical and practical operation level existing in the legal term "land in the cities is owned by the state", e.g. the connotation and the denotation are not definite, the boundary of the term is not definite so as to result in the difficulty of determination of the rights as well as ownership transformation obstacle of "inserted land" in the reality. It is concluded that, based on the principle of respecting for property right, history and reality, the article 10 of the Constitution, the related formulation in the article 47 of the Real Right Law and the article 8 of the Land Administration Law of the P.R.C should be revised.