《土地管理法实施条例》第二十九条规定国有土地使用权可以以租赁方式取得。国土资源部印发的《规范国有土地租赁若干意见的通知》(以下简称《通知》)对国有土地租赁的相关制度也进行了规范。上述文件为土地使用权租赁制度奠定了法律基础。但在实践中,以租赁方式配置国有土地使用权却鲜被国土主管部门所采用,这不得不说是制 Article 29 of the Regulations for the Implementation of the Land Administration Law stipulates that the right to use state-owned land may be obtained by leasing. The Notice on Regulating Some Opinions on State-owned Land Leasing issued by the Ministry of Land and Resources (hereinafter referred to as the “Circular”) also regulates the relevant systems of state-owned land leasing. The above documents laid the legal foundation for the leasing system of land use rights. However, in practice, the allocation of state-owned land use rights by lease is rarely adopted by the competent departments of land and resources, which have to say that the system