The Solution Of The Conflict Between Land-use Right And The Property Right On The Land

Due to historical and practical reasons, Chinese land-use right came from two ways: to sell and transfer. According to the way of getting the land-use right, the land-use right can last for 40, 50 and 70 years. But the right of buildings on the land is for ever while it is ownership. So the limited right of land-use and housing ownership has become an important issue. With the passage of time, the problem will become more prominent, thus affecting Chinese economic development. The land which was transferred, because of their free of charge and without time limit, aggravate the land management market confusion.At the introduction, I give a simply explanation in an attempt to cause readers to the issue.Then in the first chapter I analyze Chinese land-use rights in the existing system, first outlined Chinese development of land use rights, and then I describe the concept of land use rights. And I pointed out that in this paper, the focus will be on the land use right to use land for building. The right to use land for building has its unique attributes of the law: 1, Property 2, restrictions on property rights. The legal characteristic of land-use right is: 1, independence and can be punished; 2, circulation 3, of the period. Then explain the two ways as the sale and the transfer.The second chapter will focus on analyzing the conflict of land-use rights and the ownership. First of all, the ground of ownership is not limited in time; however, according to Chinese existing laws "the main property rights agreement" Trading rules, housing owners have two rights: housing ownership and land-use rights. At this time, because of Chinese relevant laws and regulations have less than two in the exercise of the conflict, including the duration of the maximum length requirement is too short, land-use After the expiry of the ground will be the direction of ownership, land-use right after the expiry of the rights holders will have priority to advocate issues, renewal of provisions of major issues including the renewal provisions of fuzzy, land-use right of renewal of the unknown, continued The payment of the transfer period of no clear legal requirement and that the allocation of land although there is no "right to use the limited" this characteristic, but because of their right of the different markets and the restrictive trading rules, they still have the same problems in this respect, including: The allocation of land use rights is set to be signed mortgage land use right transfer contracts and payment of the transfer of land use rights "The allocation of land use rights set the need for mortgage approval" .The allocation of land use rights, land administration set mortgage sector "to replace the registration of mortgages secured approval" in the issue.The third chapter focuses on Chinese legal system perfect. Although there is different historical backgrounds and the rule of law, common law and civil law in the related systems for China to solve this problem still have some reference value, civil law implement such a principle: For all the land on the building Ownership, compensation must be current prices (or compensation) for the cost of common law in Britain of a more complex system of property rights in China also have great significance, this leads to the core content of the article: Chinese legal system related to the construction. The reality of Chinese national conditions, Chinese land ownership (especially urban land) is basically owned by the State and thus Chinese land owners have the advantages of course, and Chinese economic system in China has also decided to land the right to use the present complex issues. Chinese land-use rights in the correct and perfect the system, the author made the following recommendations: to extend the current deadline for all types of land use, introduction of the land lease system; clear "public interest first", establish and improve the country paid a system of statutory right of renewal and a detailed analysis of each system of detailed regulations, in that part of the final, the allocation of land for collateral when the special circumstances put forward its own proposal.