Analysis Of The Use Rights Of Residential Construction Land In The Reconstruction Of Disaster Areas

Based on the reconstruction of the disaster area,this paper studies the use right to land after natural disaster.In recenthugedisasters,the problem of use right to land became prominent after many houses damaged or collapsed as no rule stipulates how to rebuild after the disaster in our country.The current law relates only “property law” and some regulation on residential use right to land but doesn't apply to very period of natural disaster.Due to the urgency of reconstruction after disaster,Chinese government has long insisted on “big government,small society”,since once the serious natural disaster burst out,people habitually rely on government to carry out various administrative means to reconstruct and help,weakening the effect of the hand of the market.The protection of the right to the land is related to the security and stability of people's housing right.How to solve the problems caused by the lack of legislation on reconstruction of disaster area is the core of this paper.This paper refers the relevant legislation of other countries,combining it with Chinese context to try to find a suitable system on the use right to land in disaster period.This paper consists four chapters:The first chapter is about the basic theory of use right to land in China.It discusses the concept,characteristics and classification of use right to construction land,comparing it to the relating rights and further clarifies the scope of the use right to construction land.The second chapter is the empirical part of this paper.By investigating and visiting the disaster area to learn about the reconstruction work,to find out the root problem from the reality of the situation and existing laws and regulations,solving the problem and perfecting the system.The third chapter is to refer overseas experience,comparing the legislation of use right to construction land in Japan,the United States and Chinese Taiwan,as to find answer not only to solve the problem,but also to build up proper system connecting Chinese context.The fourth chapter is about forming the system.This part perfects the relevant provisions from four aspects and improves the relevant system from three aspects.By combining with overseas experience,learning our own experience,this part clarifies the relationship between government and market,explores a suitable routine for the use right to construction land of our country.