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Construction Of Land Use Rights After The Expiration Of The Legal Issues

Posted on:2016-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhengFull Text:PDF
GTID:2206330479486302Subject:Law
Abstract/Summary:PDF Full Text Request
The legal problems after the expiry of construction land use rights contain two problems, one is the renewal problem of the construction land use rights, and another is the handle of the buildings on the land. The solving of the two problems lines in the interim regulations of the People’s Republic of China Assignment and Transfer of the Right to the Use of the State-Owned land in the Urban areas, the Law of The People’s Republic of China on Management of Urban Real Estate and the Real Right Law of the People’s Republic of China. But the ambiguous provisions in our current law cannot effectively solve the legal problems after the expiry of construction land use rights. This article tries to learn The civil law of other Civil Law countries while the analyses of our current legal system, and tries to find ways to solve the legal problems after the expiry of construction land use rights. The first part of this article analyses the current provisions of this problem and its background of legislation. Our current provisions are on one hand decided by our country’s state ownership of land and its land use system; and are on the other hand influenced by the legislation mode with the combination of land use rights and building’s ownership. The second part of this article analyses the problems of our current legislation, such as the defectiveness of the current renewal system after the expiry of construction land use rights, the inequity when nationalizing the buildings, the discordance between current legal norms, the legislation’s lack of interoperability and its inability to develop real estate value. The Construction Use Right in our country’s legislation is similar to the Superficies in the Civil Law countries. The third part of this article analyses the Superficies systems and their characters of German, Japan, and Taiwan. This article holds that even though these countries are different from China in the land system, they all give adequate consideration to the building’s economic value, give full respect to mutual agreements, and pay enough attention on protecting the rights and interests of land users. The forth part of this article tries to give suggestions on the solving of legal problems after the expiry of construction land use rights. It holds that we should learn from the international legislation practice as well as adhering to the market economy rules on the bases of our country’s land system and national conditions. We should develop real estate values, protect the rights and interests of land uses and respect mutual agreement. This part of the article also put forward concrete measures to solve the legal problems: to complete the renewal system, we should reasonably determine the renewal period with full consideration of the building’s value, the renewal should be only once, and be paid; in the handling of the buildings, we should give priority to agreements, and allow the two parties to protect their rights and interests using the petition right on property.
Keywords/Search Tags:construction land use right, Superficies, renewal, petition right on, property
PDF Full Text Request
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