On The Improvement Of The Stratified Utilization System Of Construction Land In My Country

With the development of technology and civilization,the demand of the stratified utilization of land has grown in the modern society.In civil law system,the superficie gives a systematic solution,while in common,law system,the air space rights play an important role in the stratified utilization of land.In China,the system of construction land use right was formed after the reform and opening up.After years of development,the concept of the stratified utilization of the construction land use right has been established,which laid the foundation for the stratified utilization of construction land in China.However,there are still some problems in the system of the stratified utilization of the construction land in China:How to interpret the concept of the stratified utilization of the construction land use right;Some regulations in the system of construction land use right in China cannot fit in the needs of the stratified utilization of land;There are also some provisions which have negative effect on the utilization of land.On the basis of the problems all mentioned above,this paper clarifies the concept of the stratified utilization of the construction land use right,indicates how to reflect the particularity of the stratified utilization of the construction land use right,and proposes some solutions on how to perfect the system of construction land use right aiming at the full utilization of land.