Study On The Legal Problems Of Withdrawing The Right To Use State-owned Construction Land In Default

In recent years,with the rapid development of urbanization in China,the impact of land on the development of national economy is also increasing.But land resources are not renewable resources,can be inexhaustible.Therefore,how to effectively improve the utilization rate of land resources will become a difficult problem faced by all countries in the world on the premise that the total land resources remain unchanged.To recover the right to use state-owned construction land in advance is an effective way to solve this problem.However,there is no perfect legal and regulatory system to regulate the breach of contract to withdraw the right to use state-owned construction land.The relevant provisions are only scattered in various legal documents.In addition,the protection of the lawful rights and interests of land use rights holders and mortgagees in the process of land use right recovery also lacks the explicit provisions of laws and regulations.The recovery of land use rights involves the conflict between public and private rights.The bad influence caused is bound to be incalculable.Therefore,the first part of this article first analyzes the basic theory of the defaulted recovery of the right to use state-owned construction land,and introduces the basic concepts and basic framework of the defaulted recovery of the right to use state-owned construction land.The second part mainly explores the system flaws in recovering the right to use state-owned construction land in breach of contract.In the last part,the author summarizes the defectsand problems in China's current regulations on the right to the use of state-owned construction land by default,and provides corresponding Suggestions.