Research On The House’s Ownership At The Expiration Of Land-use Ownership

Brought about by the expiry of land mostly are two problems:the one with the land itself and the one of the building on the ground after the expiry of land ownership. The well solution of disputes on the land-use right will provide a real basis and premise for the solution of the disputes on the ownership of the building. The first question faced at the expiration of the land-use right would be about the ownership of the building. Our system of land-use right has been adapted from the relative systems of other countries, in order to protect the ownership of the state of land resources and to give full play the market benefit of land resource, which also definitely brings about the issue of the ownership of the earth buildings at the expiration of land-use right both in the fields of theory and practice. The heart of the issue is not the system itself, but the balance of rights. To fundamentally solve the problem, we should hold the balance and restriction of the rights as the start point and consider the issue from various aspects such as legislation idea and practice. In addition to the introduction and conclusion, this paper is divided into4parts. In the Part1, this paper elaborates some fundamental concepts of land-us right, the ownership of the above-ground buildings, and their relationships. It also claims the contradiction between the land’s ownership and the house’s ownership at the expiration of land-use ownership. In the Part2, from the perspective of comparative law, this paper, after the comprehensive analysis having been made on the status and issues of the ownership of the above-ground buildings at the expiration of land-use rights, Using comparative study on foreign extraterritorial regulations and models, puts forward that the solution of the problem on the ownership of the above-ground buildings the after the expiry of land use right, to look for the unity and coordination among various rights. In the Part3, through the absolute right to the earth buildings of certainly and land use right back the explanation of the expiration of the problem, Emphasize the land use right after the expiry of the earth buildings belonging to the heart of the problem lies in the right subject and related to the problem of coordination among the price, And from the point of view of the opposite and uniformity rights and put forward the solution of the problem. In the Part4, from the legislation, idea and practice three aspects such as the comprehensive expounds the land use right after the expiry of the ownership of the above-ground buildings of the system construction and improvement.