Research On Issues About The Right To Use Construction Land And The Ownership Of Buildings After The Expiration

After the expiry of the term of the right to use construction land, the recovery and renewal of the construction land use right and the building’s ownership and compensation issues have been an important component of China’s construction land use right transform system. After the expiry of the term of the right to use construction land, means that the home ownership has lost the legal underpinning of the land use rights, the building ownership will therefore be questioned. Our country’s present laws about the questions have made the stipulations, but still have some problems. It will inevitably bring a lot of problems to the executive branch and the judiciary, we need to continue to study and propose solutions. However, in now days while marketing economic has been increasingly developing, those principles face many challenges and seem outdated. Therefore, in reference to extra-territorial laws and the opinions of Chinese scholars on this issues, put forward some points of view on renewing and improving the principle. In future, when our country facing a number of real estate expires, national administrations will have a complete response solutions.The text has five parts without the introduction and the conclusion.First of all, rational analysis the current legislation, introduce our "Real Right Law""Urban Real Estate Administration Law" and "Urban state-owned Land Use Right Transform Regulation", summed up the defects on the issues of our current laws; and analyze the institutional reasons, mainly lack of the protection of the construction land use right and above-ground buildings, infringe on individual property rights. The article summed up the problems about the construction land use right and the above-ground buildings, and then analyzes the institutional reasons contributing to this problem:separation of national ownership of urban land and buildings of private ownership; the duration of urban land-use systems; the premises of "attention to land but despise houses". We can not fundamentally solve the above institutional factors, only from the legal system to increase the protection of private property rights.Secondly, introduce the superficies system of the civil law and Hong Kong land lease system, analysis on the legislative mode of the superficies system and land lease system, point out their assistances for our legal system. The superficies system is good at the protection of land use rights and the interests of the protection of ground buildings, while the land lease system is good at the renewal of land use rights.The next two parts, introduce the recovery and renewal of the construction land use right and the building ownership and compensation issues. By introducing the extra-territorial laws’rules to deal with the problem, especially reference to Germany Japan and Hong Kong’s rules of law, and referencing at the domestic scholars’views, to solve our current difficult problems. Finally, put forward legislative principles and specific legislative proposals to resolve those issues. Under the premise of equal protection of the public and private property rights, we should protect private property rights strictly. Under the premise in existing the duration of urban land-use systems and the national ownership of urban land can not be changed, should change its emphasis on public property in past legislative attitude, turn to increase the protection of private property rights. According to the different land use classification, put forward specific legislative proposals to improve our legal system, in accordance with the application for renewal, duration and cost; the ownership and compensation of the buildings.