1, the definition of land nature:
In China, the way to obtain the right to use state-owned land is divided into transfer and allocation. Transfer means that the state transfers the right to use state-owned land to the land users within a certain period of time, and the users pay the land use right transfer fee to the state.
Allocation refers to the state-owned land use right that the land user obtains or obtains indefinitely with the approval of the people's government at or above the county level after paying compensation and resettlement fees. It is an administrative act, not a civil act. Generally, the term of land use right is not set at the time of allocation, but certain restrictions are set, and it is not allowed to transfer, lease or mortgage.
2. Different acquisition methods:
Transfer: In principle, the land for commercial housing construction should be obtained by bidding, auction and listing, and the establishment of the right to use construction land by allocation is strictly restricted.
Configuration: approved by the people's government at or above the county level according to law.
3. Different rights and obligations:
Transferred land is an independent property right, and users have the right to dispose of it arbitrarily within the legal scope, such as transfer, lease, mortgage, etc.
The rights and obligations of the owner and the user of the allocated land are not clearly defined, and the user is subject to the control or interference of the owner when exercising property rights, so it cannot be an independent property right in a complete sense.
* * * Similarities in the nature of land transfer and distribution
1, all of which are land transfer;
2. The nature of land is the right to use rather than ownership;
Extended data:
Allocation of the right to use
1. Connotation: The allocation of land use right refers to the behavior that the people's government at or above the county level, with legal approval, delivers the land to the land users after paying the compensation and resettlement fees, or delivers the land use right to the land users free of charge. In other words, the allocation of land use rights does not require users to pay for land use rights, but is approved by the state to use state-owned land for free and indefinitely. However, users who have obtained the allocated land use right shall pay the land use tax according to law.
2. Duration: If the land use right is obtained by allocation, the term of use is not limited unless otherwise stipulated by laws and administrative regulations. Although there is no time limit for obtaining the allocated land use right without compensation, if the land user stops using the land due to relocation, dissolution, revocation, bankruptcy or other reasons, the state shall recover the allocated land use right without compensation and may transfer it according to law. Due to the needs of urban construction and development and the requirements of urban planning, the allocated land use right can also be recovered free of charge and can be transferred according to law. If the allocated land use right is recovered free of charge, the above-ground buildings and other attachments shall be owned by the state, but appropriate compensation shall be given according to the actual situation.
3. Obtaining the right to use state-owned land by allocation: According to Article 24 of the Urban Real Estate Management Law, the land use right of the following construction land is really necessary and can be approved by the people's government at or above the county level according to law:
(1) land used by state organs and the army;
(two) urban infrastructure and public welfare land;
(3) Land for energy, transportation, water conservancy and other projects supported by the state;
(four) other land as prescribed by laws and administrative regulations. If the land use right is obtained by allocation, the land use right certificate shall be issued by the people's government at the same level after registration and verification by the competent department.
4. Restrictive provisions on transfer, lease and mortgage: Generally, the allocated land use right cannot be transferred, leased or mortgaged, but it can also be transferred, leased or mortgaged if it meets the legal conditions: that is, the land user is a company, enterprise, other organization or individual, who holds the land use right certificate and the legal property right certificate of the above-ground building, and transfers it with the approval of the local government and pays the land use right transfer fee or the transfer fee with the proceeds from transfer, lease and mortgage. Unauthorized transfer, lease, mortgage transfer of land use rights, confiscate their illegal income, and impose a corresponding fine according to the circumstances.
Accordingly, Article 12 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of State-owned Land Use Rights stipulates the maximum assignment period of various land use rights according to different assignment purposes:
(1) 70 years of residential land;
(2) 50 years of industrial land;
(3) 50 years of land for education, science and technology, culture, health and sports;
(4) 40 years of commercial, tourism and entertainment land;
(5) Comprehensive or other land use for 50 years.
Information link: Baidu Encyclopedia-Allocation of Land Use Rights