중국 도시의 주택건설용지 사용권 기간의 법적 이슈에 관한 연구

Abstract

Based on the statistic data announced by the National Bureau of Statistics of China, the home ownership ratio of city residents in China was 9.4% in 1983, 77.1% in 2000, 87.8% in 2008, and has reached 89.3% in 2010 (last statistic data), indicating that housing has become the most valuable asset of Chinese people. Therefore, the guarantee of rights to housing and land is a very significant and sensitive issue to the Chinese people as well as foreigners who have purchased the housing in China. According to the current real estate law in China, housing construction land is owned by the state, that is, all citizens. So while a home owner can have rights to permanent ownership on the building, he/she only has rights to usage of the land occupied by the relevant building for a limited legal period. The Chinese legal system that separates the rights of housing and land into permanent house ownership and limited period usage rights of land are difficult to understand in other countries, and unavoidably causes a conflict between the state and a land user. At the end of the limited period of land usage, the state would intend to reclaim the land or expect to receive an extension fee for land usage rights from the land user, while the land user would want to extend the right to use the land for free since he/she has already paid a significant amount of land usage fee. Based on the issues cited above, this paper intends to review the issues related to the current housing construction land legal system and to present the permanent automatic renewal of the housing construction land usage rights as well as rational taxation methods in consideration of both the national interest and individual rights of people and the principle of fairness.