On The Study Of The Right To Use Construction Land To Protect Of The Parties Concerned

The third part of Property Law of the People's Republic of China stipulates the ways to extend the period of construction land use rights.This legislation is a big step forward because it points the way to protect the interests of the owner of the construction land use rights,In the meanwhile,article 149 divides construction land use right into residential right and non-residential rights on the basis of different purposes.The way to extend the period of different rights should use different rules.But the relevant articles are highly principled.For residential construction land use rights,when the term of the right to use construction land for dwelling houses expires,it shall be renewed automatically.But it is not possible to know about the renewal procedure and the detailed method from the article.This insufficient regulation will affect the benefits of the rights-holders.Because the renewal of the period is related to livelihood issues and closely concerning whether our people have house to live,this is the most important thing.For non-residential construction land use rights,whether it is possible to renew the rights period when time limit expires not only relate to the user's investment plan and risk assessment to the land,but also affect the user's ownership problem of buildings on the land.It is an inevitable choice to extend the period after expiration.This paper focus on find out the way to extend the period in order to protect the interests of both parties.This paper consists of four parts.The first part introduce the concept of construction land use rights,present the basis of the formation of this system and introduce the necessity to expend period after expiration.The second part analyze law issues which relate to the party's rights problem about the renewal process after the construction land use rights expire.The third part analyze the correlative legal system overseas,which focus on protect the party's rights,and compare to current domestic legal system,seek to the reference significance.In the last part,the author standing on land use right users and owners respective position to analyze how to protect the rights of both parties...