China And South Korea Home Ownership Legal System Is A Comparative Study

Residential is the most important means of subsistence, an important indicator to measure a country's political stability, economic development and social stability.The legal system of home ownership is an important part of the property rights system, closely linked to the country's basic system of social, economic and political. So studying the legal system of home ownership is of great value and significance.Comparative study on the legal system of home ownership between China and South Korea in the thesis, through the discuss on the ownership of the legal system for residential in China and South Korea, analysis the differences of residential ownership in legal systems between them. On the basis of analysis, come up with a series of ideas about how to perfect the Chinese home ownership of legal system from South Korea. The study is in the process of the integrated use of comparison, history, literature, analyzing methods for verification analysis.There is a marked difference between China's urban and rural areas in ownership registration, transfer, protection residential ownership of the legal system. Because of the implementation of socialist public ownership of land, the residential which built on the land, the ownership of the"complete"will be subject to certain restrictions, legal provisions residential ownership and land-use rights must be"the main concerted, collective action."China's land-use right system used to regulate residential rights and land rights. The provisions of the transfer of land use rights for the living, for a maximum period of 70 years which would be automatically renewed, the provisions reflects the superiority of the socialist system.The right to the ground system uesd to regulate residential rights and land rights in South Korea and following the Japanese law to establish the dual system which about the residential and land rights. Residential rights and land rights can be completely separated, solved freely, and provides the customary law is the statutory right to the ground. In residential ownership protection, South Korea has explicitly provides residential land resumption with the purpose and conditions and the standard connotation and denotation of"public interest", developed a strict and standard admission procedure. As an inpletment of the traditional residential ownership of the legal system, South Korea has also set up a special right to use the base system to standardize the distinction between ownership of residential units.Due to historical differences in the development process of China and South Korea, home ownership legal system has experienced different evolutionary process, so the importance of residential ownership"privacy protection concept"and the following of foreign law is different In the residential rights and land rights between the two countries have different legislative and institutional arrangements: South Korea implemented the binary model legislation, while China,"the property line"principle, South Korea has the right to the ground rules and norms for residential rights and land rights, but China is tenure systems standardization. In residential ownership of the acquisition, Korea acknowledging prescription system, and for breach of the law and the home ownership without registration can be made. China does not recognize the limitation achieved and home ownership must be registered.Thesis come up with the idea that improve the legal system for residential ownership of China from the South Korea by comparing the analysis, building a unified urban and rural residential ownership of residential registration system and the circulation market; clear admission of residential land use and the purpose of conditions requiring, specific operational procedures and the amount of compensation and the reasonable, fair compensation standards; establish the residential title prescription system, for breach of the law to achieve the home ownership, registration only have the right to against. Thanks to the establishment of the right to the ground system above the land use right, home ownership and land use right will vest in the same subject, also can be transfered and mortgaged separately, home ownership has become a truly independent property rights.