Research On Construction Period Of The System Of Land Use Rights

Construction land use rights to use the other essence (namely state) all of the landfor building or other work of the right things, construction land use rights and civil lawSuperficies relatively similar. Both principles for, usufructuary rights, all have concededsex. Therefore, in perfect our country’s construction land use term system can refer toSuperficies abroad when system term. Construction land access time mainly includingconstruction land use rights duration design and deadline at the expiration of the legalconsequences.Germany in the law of the Superficies renewal essence to Superficies agreed to, forSuperficies the time limit, the renewal of the will of the parties full respect the number,and in Germany after the expiry of the parties to claim for compensation to the claimand extension; Japan Superficies method on the duration of the guidance and regulation,but at the same time and fully respect the will of the parties, when term expires, theparties have recall and extension claim, this and Japan for building and land to take theseparatist position is not divided; Taiwan region also respect the agreement between the parties,and Taiwan “law”of Superficies renewal times as the1, in order to avoid the repeatedSuperficies extend. Taiwan region on the same method in this law, gave the parties to recalland extension claim, but Taiwan “law” has also provided, within the time limit Superficiespeople don’t retrieve content on the ground, the content by the land all achieve.China emphasizes the property law to the state, the collective and private propertyof equal protection, mean the country from the law level pay more attention to theprotection of the citizen’s right to privacy. Property law construction land system inresidential and distinguish the two circumstances as regards, the renewal take differentrules, among them, the residence kind construction land use rights law for automaticrenewal, this to the property right person for, has a very important significance, but theprovisions of renewal operation is not strong, such as automatic renewal legislation toavoid whether still have to pay the land grant fee, renewal period length, the number of renewal, in fact but also to protect construction land interests; As regards kind ofconstruction land use rights for the application for extension in accordance with law,and the time of the ownership of the above-ground buildings is taken priority if theparties agree to complete, when the time was not prescribed or clearly prescribed, theproperty law and regulations to provisions of law or authorized, in China’s current legalframework, actually applicable is obtained free by the state of the above-groundbuildings. The current China’s laws on the length of the time limit of the design of ashort, renewal provisions operability is not strong, expiration of the building by nationalobtained free being unfair.Considering of the specific conditions in China, perfect the construction land userights must adhere to the following principles: public ownership as the foundation of theland system not be moved; Building the ownership of the land ownership andindependent, not applicable land absorb buildings; Pay attention to the economic valueof the use of land; To realize the economic interests in time, want to consider the socialinterest, find a balance between the two. In reference to the continental law systemSuperficies system for our country the construction land use term system can take thefollowing Suggestions:1, extend the duration of the construction land2, perfect theconstruction land use rights renewal expiration rule3, the provisions of the foreignSuperficies system, give the construction land compensation claims, give all claim forextension of land, to coordinate real time limit has sex and the contradiction betweenthe ownership of an open-ended commitment.