On The Relationship Between State-owned Land Use Rights And Building Ownership

Land and the buildings on it, which has long been taken as the root of one's settling down and getting on with his pursuit, are the most important real estate. They are playing important role in people's life and society's stability. In today's active market economy, land and the buildings on have become the key point of property law with their huge worth. A country's real estate system not only reflects the basic situation of the country but also accelerates or restrains the sources' using and the economy's development on the other hand.China is a socialist country and the system for land is state-owned and collective. To achieve the full use of land resource and meet the need for socialist economy, the paid land employment system, a new concept of the state-owned land employment has been founded after the reform and opening up of China, which allows private people, by paying land remise fund, to get the using right of the land and to build and also keep the buildings on the land, which formed the duality right system of land ownership and land employment right. The using of land definitely involves the relations between the land employment right and the buildings on it. The emphatic status they take in the real estate system directly affects the full using of land and the buildings on it and the relative right protection to the owners.According to the impartibility of the land and the buildings on it physically, the principle of building-land integration has been formed by the real estate system in which form buildings and land employment are moving together in order to simplize the right relations and disputes, making sure of the owner's using to the land. With the development of socialist economy and the more and more detailed interest dividing of the society, absolute building-land integration is not catering for the need of reality, as there exists many building-land separations which act against the law and also challenge the authority of it. Therefore, it is necessary to inform the present building-land integration and to accept the comparative separation between land and buildings. The paper is divided into three parts besides the introduction and the epilogue.The fist part is to introduce the development of the foreign superficies system. This part analyzes the origin and the developing process of superficies of Roman legal time, modern legal time and present legal time, clarifying that superficies is based on the need for the separation of land and the buildings on it, furthermore, that it is the trend to separate land and the buildings. Superficies is similar to the land employment law of China and is good reference for our country to perfect the relation between land employment right and ownership of buildings.The second part is the analysis on the present law on the relations of the two. Firstly to make analysis on the relative regulation of Chinese law on land employment right and building ownership, demonstrating that the present principle our country carrying out is that the ownership of building separated from the land ownership but integrate with the land employment right. Secondly to make analysis on the active and reasonable part this principle take in the reality and thirdly to conclude the disadvantage of keeping absolute land-building integration.The third part is the reconstruction of the relations between land employment right and buildings ownership. This part holds the point that the present land-building integration be taken as the spark plug, admitting the comparative separation of land employment right and building ownership, taking the land renting system and land employment right renting system as the foundation of the separation of the two systems. On the active signification of the above-mentioned separation, this part gives discussion, and also analyzes the difference between land renting and land employment right renting and the related legal regulations on it.