Research On The Changes Of The Right To Use Construction Land

Land is an essential production condition and living condition for human beings. As a non-renewable resource, the land law system should play an indispensable role in the rational utilization and effective protection of land. Along with the rapid development of urbanization process in China, the amount of construction land is increasing dramatically. It is necessary to study the key problems of how to protect land as well as ensure the legitimate use of land. In addition, the task of improving the legal construction land-use right and focusing on issues such as transfer of the construction land-use right is also significant.Land-use rights should be classified as real right from the legal aspect; and it is the foundation of the legal system of property rights. The construction land use-right system mainly includes three parts:access, transfer, and eliminate construction land-use right. The current land laws in China on the construction land-use rights still exist many deficiencies and need further modification. The paper gives an overview of the concept and the essential part of the construction land-use right based on the alternation of real right. It attempt to summarize key points and controversial issues in the relevant laws on the alternation of real right. Some outstanding problems of the construction land-use rights are mainly explored in this paper, such as defects in transfer the right-use, improper restriction in the transfer of collective land, follow-up policy for expiration date, etc. Based on the exited problems and reference of the relevant land laws in developed countries, this paper is intended to advance some constructive suggestions on how to improve the current land laws of the construction land-use right transference with comparative analysis.