Study On The Protection Of The Right To The Use Of Housing Land After The Loss Of House

5·12 earthquake, many houses collapsed or damaged. Chengdu Municipal Government issued a post-earthquake relief settlement related documents, in accordance with these documentation requirements, the victims have received monetary assistance or through a certain area of in-kind way of allocating housing to obtain relief, but the residents received the aid should hand over the house certificates and land certificates and canceled by the Government. Because the standard is too low relief, many local residents are unwilling to hand over the house certificates and land certificates. Under the situation of Loss of the houses, whether the residents have the right to use of land? In line with planning requirements whether the residents rebuild by themselves ? Losing their houses whether the residents have the right to use of land? The residents may have suddenly lost their lives upon, can not be guaranteed. How to adjust the social, economic and basic living guarantee of the rights of people to become a major problem. But for these problems, China's Property Law and related legislation to make clear that neither, but rather be replaced by administrative means, resulting in a lot of contradictions. The resulting series of conflicts and disputes affecting the efficiency of the reconstruction. In civil law countries, systematic rules of the right on the ground provide the systematic protection. However, the base and institutional function of the right on the ground in Roman law are differ with the right to use of land in our country, but the protection rules of right on the ground in civil law countries are very worthy of reference and learning. In this paper, the protection of the right to the use of housing land proceeding through the comparative study of the right to the use of housing land and the right on the ground, to how the rules of the right on the ground and principles as the starting point, combined with protection-related legislation of the right on the ground in civil law countries to protect the right to the use of housing land, put forward their views and proposals with a view to its right to protect the right on the ground rules of civil law countries have a comprehensive understanding of an attempt to find a suitable way to protect China's national conditions for the realization of the people to protect the interests of better ways to live.This paper is divided into three parts, in addition to the introduction and conclusion, the total of about 3 million words.The first part is the overview of the right to the use of construction land. This section on China's historical development of construction land, concepts and characteristics, classification, etc. three aspects of the right to the use of construction land were also discussed; this far as the right to the use of state-owned land on the established housing land to explore, not including non-residential construction land and collective land; the right to the use of housing land for China to adopt what the enactment of legislation, I favor the rules of the right on the ground.The second part is comparative study of the right to the use of housing land and the right on the ground. This section includes the concept and characteristics of the right on the ground, the comparative study of the right on the ground, the meaning of protection of the right to the use of housing land in China. The right on the ground and the right to the use of housing land in China although there are differences, but the purpose of setting up the two are basically the same. The right On the ground to development experience from the initial meeting of the people without a land to build on the land of others into the land of others to build their own all the houses and the use of land, and eventually to meet the needs of the metropolitan urban land Usufruct the course of development; This endorsed the right to the use of housing land in the content point of view is that the right on the ground; We can learn from the civil law system, the rules of the protection of the right on the ground in China's protection of the right to the use of housing land .The third part, starting from the right on the ground to protect the right to the use of housing land in China. This part is divided into the theoretical basis for the right to the use of housing land and the right to the use of housing land related problems and to resolve. The main focus on the right to the use of housing land to protect most closely connected ideas to solve several questions. For the impact of the right to the use of housing land to survival issues such as the transfer funds and pay after the expiry of the way issues are discussed. Also focuses on analysis of the housing loss impact of the right to the use of housing land. Finally, some of these concerns were put forward to address comments and suggestions.