On The Ownership Of Ground Objects After The Expiry Of The Right To The Use Of Non-Residential Construction Land

The expiration of the term of non-residential construction land use rights,and the ownership of ground objects when the land user fails to renew,has always been an important part of the construction land use right system of the Property Law.The land use right expires and cannot be renewed successfully.The ownership of the ground property is obtained free of charge by the state,and the ownership of the user of the construction land is facing great threats.However,there are still many deficiencies and shortcomings in the existing laws of China.The coming of the term of use of commercial construction land for business,entertainment,tourism,etc.will inevitably lead to many disputes and bring a lot of trouble to local governments and judicial departments.In this regard,based on a review of the current relevant laws,regulations,and administrative regulations,this article reviews this provision from three perspectives,whether it is legal,reasonable,and problems that may arise in practice,analyzes the reasons for its occurrence,and refers to other On the basis of relevant national and regional legislation,put forward their own views,hoping to help improve this issue.In addition to the introduction and the conclusion,the full text consists of five parts:First of all,a review of China’s current legislation.By analyzing the relevant provisions in China’s "Law on Property Rights","Law on Urban Real Estate Management" and "Interim Regulations on the Transfer and Transfer of Urban State-owned Land Use Rights",according to the rank of legal effect and the indicative provisions in the legal provisions,the current laws in China are summarized The attitude to this issue is expressed as:when the period of the right to use non-residential construction land expires,the land user has not applied for renewal or the application for renewal has not been approved due to public interest,the parties have no agreement on the ownership of the property or the agreement is not clear At that time,theground objects were recovered free of charge by the state.The main problem is that this provision seriously infringes the ownership of the owner of the right to the use of construction land.In the second and third sections,the status quo of the ownership of the ground objects after the expiry of the right to the use of construction land in China is reviewed and analyzed.From the perspective of rationality,this provision has certain merits and is in line with the social background at the time,but it violates the basic principles of the Constitution to protect citizens’ legal property and the protection of real rights by civil law,and the legislation itself has contradictions and contradictions.conflict.In practice,it will cause waste of resources,curb the enthusiasm of investors in the real estate market,and hinder the development and construction of real estate.Then analyze the reasons for the formation of this regulation from a historical perspective,revealing its essence,that is,this problem is essentially a conflict between the term of construction land use rights and the perpetual ownership of ground objects.I have gone through four processing modes and introduced them.The fourth part introduces the above-ground rights system in the civil law system and the lease system in the common law system in detail.The rules of compensation claims and extension claims in the civil rights system’s above-ground rights system are relatively mature,which is worthy of reference for our country in solving this problem in the future.Among them,the Taiwan model has a more comprehensive solution to this problem,which provides useful ideas for the conception of Part 5.In the last part,the two cases of unsuccessful renewal are analyzed separately,and specific legislative suggestions are proposed to improve China’s legal system.If the parties do not agree on the ownership of the ground objects after the expiry,if the owner of the right to the use of construction land does not apply for renewal,the ground objects shall be recovered by the state and appropriate compensation shall be given;if the application for renewal of public interest is not approved,the ground objects Take it back by the state and give reasonablecompensation.The aim is to balance the interests of construction land use rights holders and land owners,and better coordinate personal and public interests.