Conflicts Between Homeownership And Land-use Rights After The Expiration Of Land-use Rights

Nowadays, the land and things firmly fixed on the land are both real estates as a whole in the countries practicing the private ownership of land, so there is generally no issue of home ownership integrity. However, China has adopted the public ownership of land, although land and housing exist as a whole in the form, they are separated from each other in the relation of property right. Therefore, the issue of home ownership integrity shows up. Especially under the new land using policy, the usage system with payment of state owned land was established, the land-use right obtained by this way is terminable. Under the existing provisions of the law, State has free access to the use rights on the ground and buildings when land tenure expires. And the methods of conflict resolution is not conducive to the protection of property rights of citizens, leading to a series of conflicts between ownership of things fixed on the land and land-use right.In this article, buildings and land can not be separated from each other in terms of natural attributes from the author’s point of view. However, the legal rights to land and buildings can be completely separated. Therefore, state has a reason to take back the use rights on the ground and buildings when land tenure expires in some sense. While there are still some unreasonable points, this approach has shown the limitations in practice. For example, land users have to bear bitter fruits after the government called in the land gratis. This is not only obviously unfair, but also leads to a phenomenon that land-use rights are difficult to transfer during the later stage, potential investors are pushed to give up investment plans. And the purpose of promoting the real estate development and construction has to be frustrated.With regard to the research methodology, the author adopts legal methods of comparison and inductive reasoning to make a study of the conflicts between ownership of things firmly fixed on the land and land-use rights. In the article, the author starts with the introduction of the relevant legislation in our country, then give an analysis of the existing legislative defects, revealing the necessity and starting point of the subject in this paper. This article consists of four parts in the content:The first section gives an introduction of the present situation and defects of legislation on land use rights period in our country, and describes the factors leading to the conflicts between ownership of things firmly fixed on the land and land-use rights, laying the foundation of managing issue resolution in the following passages.In the second part, three modes of processing conflicts between ownership of things firmly fixed on land and land-use rights in three countries and regions are introduced, including the German model, Japan model and Taiwan model. And there are some lessons we can draw through the comparative study of the contents and features of the three models.The third part is the practice on the issue of conflicts between ownership of things firmly fixed on land and land-use rights in our country, such as the introduction and implementation of "The Law of Land Management" and the relevant law in Shenzhen and Shanghai.The last part gives some recommendations to ease the conflicts between ownership of things firmly fixed on land and land-use rights, which mainly covers two ways:First, the improvement of the existing system, that is the improvement of the integrity of housing ownership; the second way is the introduction of new system, namely the introduction of the rent system.