Conflict Of Integrative Pattern And The Legislation Choice In China

The impartibility of land and building in nature determines the close relationship on legal adjustment, but they two have separability in value and independency in law. One management can form one legislation pattern. The principle of integration between house ownership and land-using right (Integrative Pattern) in China plays an important role since it came into being, but along the development of society, more and more conflicts appear. This dissertation starts from the patterns of land and building in head countries, discusses the close relationship between the choice of legislation pattern and the social background; compares the legislation pattern between China and other head countries, explains the connotation of our Integrative Pattern; analyzes the reasons of the conflicts, hopes to search a pattern that is more proper for current society.The main content is divided into there chapters, excluding the preface and the conclusion:Chapter One analyzes the relationship between land and building. Starting from the patterns of relationship between land and building in head countries, this chapter discusses the close relationship between the pattern and society, explains the connotation of Integrative Pattern from the perspective of comparative jurisprudence. At present, there are mainly four patterns in head countries, which are Monistic Pattern, Dualistic Pattern, Pattern of Building in Dominant, Integrative Pattern. Each country makes its selection of pattern based upon the given social background, and also does some adjustments along the development of society.Chapter Two analyzes the conflicts and the reasons of Integrative Pattern. Alone the development, Integrative Pattern caused many conflicts both in theory and in practice. The reasons are mainly: ownership system, variance of statutory, separability and largeness of land and building in value, defect on relative system, diversity on utilization of land.Chapter Three analyzes how to solve the conflict of Integrative Pattern. On the basis of comparative analysis of sholars'viewpoints of the pattern selection, the author holds that the Dualistic Pattern may fit the needs of market economy, solve the contradiction between land and building, then analyzes the real feasibility of theDualistic Pattern in China after discussing the role in law and nature of land-using right.