The status of current regulations on land users and comments to the draft amending land law

Abstract

The subject of land use (or land user) is the most important type of subject of land legal relations. Although land users do not have the right to own land, these subjects directly perform the act of exploiting and using land, which greatly affects the effectiveness of land coordination activities. In addition, because land is an indispensable element for all areas of social life, the subject of land use is also the subject of other legal relations, such as civil law, economic law, housing law… However, the current land law provisions and the revised Draft Land Law still have several limitations and inadequacies, especially the type of land user and the legal status of these subjects, making the regulation of land law lack of synchronization compared to other fields while the enforcement of the law faces many difficulties and obstacles. This not only affects people's property rights, but also makes the use of land for production and business investment less favorable than expected. For the purpose of contributing ideas for the completion of the revised Draft Land Law (Draft) in particular and the land law in general, this article will analyze the limitations and inadequacies of the current Land Law and the Draft on this issue to provide a complete solution.