Research On The Term System Of Construction Land Use Right In China

Unlike the system in western countries,China's land ownership as its own unique characteristics.Nation and collective enjoy land ownership and individuals may not become owners of land.And our laws also prohibit the land ownership transaction in the land market,thus the law creates the construction land use rights system to achieve land transaction.The creation of the system is undoubtedly a historic initiative,in aspects of solving the real problems of land use in China and enriching the content of the world land system.But the system is not flawless,in some cases,there are even serious problems,and the duration in the system is one of them.In April 2016,the news of "Wen Zhou construction land use rights renewal by paying 1/3 house price" set off a hot debate.Although the Ministry of Land and Resources issued a provisional provision to reply it and temporarily quell the "Wen Zhou incident",but the discussion on the"what to do about house after the expiration of construction land use rights" has not stopped.Academics are talking and writing about that not in a few,and the target removed from the simple"Wenzhou incident" to the criticism of "Property Law" Article 149 of the first paragraph.In short,the "Wen Zhou incident",fully exposed the problem's complexity of the system of construction land use rights.Due to the current legislative deficiencies on the construction use land rights issue,academics' opinion are not uniform and the theoretical community also need some substantive to achieve the relative unite viewpoints.In addition,the term expiration of construction land use rights is emerging,and the judicial practice circles urgently need to seek the theoretical basis of the relevant problems to deal with the real problems.All of the above,we have come to the point where we must find a way to properly solve the problem.The content of this paper is divided into five parts:The first part is the introduction,mainly discussing the purpose of the thesis and its role and significance to the theoretical and practical circles,and giving a brief introduction to the research status at home and abroad;The second part first clarifies the appellation of the name of the construction land use right in the academic and legislative circles,and then redefines the connotation of the construction land use right.On this basis,it summarizes several basic nature of construction land use rights different from other specific usufructuary property,and then briefly enumerate the classification of the construction land use right.The third part mainly introduces the content of the term system of construction land use right,through combing the historical origin and current situation of the term system of construction land use right to find out its problems and analysis of the system's cause.In the fourth part,by comparing similarities and differences between the land right system of the typical countries abroad and the land use right system in China,the paper puts forward the solution to the problems of the term system of construction land use right in China.In the fifth part,the author puts forward some suggestions on how to solve the problem of the period system of construction land use right in China from three aspects:the existence period,expiration consequence and renewal rule of the system.