A Comparative Study on The Legal Issues of Cross-Strait Superficies

• Main Authors: TSOU,YU-CHENG, 鄒玉珍
• Other Authors: CHEN,JUNG-LUNG
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/23187615574008709990

碩士 === 輔仁大學 === 法律學系碩士在職專班 === 104 === As the Chinese old saying goes” Own the land, then you own the wealth”, Chinese tend to see the land investment from the ownership point of view, and the nature of ownership is the combinations of derivative issues of using, profiting, and freely disposing. But in these years, to achieve the maximum commercial profit under the limit supply of land, the necessity of independent right of superficies is rising dramatically. It’s why the law of superficies came into being later. Under the limit of regulations, the use of land focuses on 2-dimentional only. But now, the pursuit of the maximum utilization of the land pushes the transition from 2-dimensional to 3-dimensional. Via increasing the density of the land use, investors can reach the maximum profit target. To secure the right of superficies and its duties, especially in major public infrastructure projects, we need more sophisticated design and the vision to catch up the fast growing trend in cross-strait economics. Thousand of years, China had been through fighting or even war between different society stratification for the conflictions of land ownership. To avoid recommitting the same error in the history, and to achieve the ultimate target of communism, China mainland controls the ownership of all land. But even the strongest communism dictator can not resist of the demand of land ownership, the right of superficies becomes the unavoidable issues. Chinese government’s policy is to concentrate the resources and the population in cities, but they can not ignore the different request in the suburbs, therefore the regulation of superficies should vary from areas to achieve the relatively fair. Before the Chinese economic reform, the major government policy focused on how to distribute or own the right of use. But now, the Chinese government adjusts the policy to focus on the security of personal property. In response to the growing request from the major cities and the foreign investors, China announced the new law of superficies then being enforced ever since. Given the fact that the personal ownership of land is still kept inapplicable in China, it is important for us to learn the difference of the right and duty of its law of property, and then do a comparative study on the legal issues of cross-strait superficies.