earticle

영어

In the Chinese legal system, land is in possession of the state and the group, and cannot be owned by the private person. In order to emphasize the nation’s ideology of socialism, the state-owned land had been used, in principle, free of charge for a long time. The land use system like this caused irrationality and low efficiency of the use of land, resulting in serious waste of land resources. Also, since the state allowed people to use land free of charge, earnings could not be obtained by utilizing land.
This led to financial deficit and the state could not secure necessary fund. Facing such circumstances, the Chinese government reformed the land use system from the 1980s and abolished the land use free of charge system and adopted the land use for compensation system. And the related legal system was reformed so that the land use rights can be transacted. The core of this change is the land use right system. As the law of jus in rem became effective in 2007, the land use right system brought about new changes.
When China enact chinese law of jus in rem, it is considered to use two tracks system which separated city and farming area. so this paper also studied on land use right in city and rural area respectively. Especially, it focused on a expiration problem of building site use right in city and a inheritance problem of residential site use right in farming area.
It is a character of the chinese law of jus in rem to regulate by classifying the types of land into the rural land and the urban land.
And it agrees with the land nationalization system. This legal system of land use right is one considering the basic policy of China and traditional systems.
It is evaluated as a legislation considering China’s unique land ownership relations rather than adopting the concept of superficies in jus in rem.
It was a good idea to regulate by classifying the types of land into the rural land and the urban land in the course of legislation ofthe land use rights. But not being able to define the form of usufructuary right more concretely is pointed out as a problem.
Besides, there are diverse problems such as confusion with the function of registration, resulting from the fact that the law of jus in rem was enacted quite recently. In order to solve these problems, this research suggested that the detailed rules related to the enforcement of the law of jus in rem should be promptly enacted.