中国‘房地一体原则’的再思考

Abstract

Land and buildings in China are two separate things, but needs meanwhile disposal. In other words, the disposal of buildings should be at the same time when dispose of the land use right within the area of the building. The main reason is to prevent the separation of the rights owner of lands and buildings occurs. Although the meanwhile disposal of buildings and land is the principle, but there are cases where buildings and land use rights are treated separately. Especially for mortgage terms, buildings and land are high-value real estate, so that the separation is greater demand. Land use rights are usufructuary and subsisting limited period, so that the relationship between the period after the expiry of the land use rights on the land and its buildings are also important issues. In fact, the Property Law requires the realization of mortgage property right, buildings and land use rights should also be auctioned. In addition, a mortgage on the land use right after the new buildings, the land use right auction also requires simultaneous auction of buildings and land. Because the separation of buildings and land disposition greater demand in reality, so in order to solve these problems, it is necessary to introduce a system of statutory superficies for future tenure.