城市房屋所有权与国有土地使用权之权利冲突

Rights Conflict between Urban House Ownership and Public Domain Usufruct

城市房屋所有权与国有土地使用权均应受到法律保护。但由于我国房地产权属登记制度的不完善及土地登记办法的不健全,造成房地产流转不规范,从而使房产、地产有了不同主体,最终形成权利冲突。在现行法律框架内解决这一问题,一要对房地产统一管理,二要实行土地分割证制度。

Both the urban house ownership and public domain usufruct should be legally protected. However due to the disease of the real estate property register system and the land register means in our country, the flow of estate is substandard, consequently the house property and the estate distinguishingly has different agent, which is the source of the rights conflict. In settling this conflict, we should firstly have a unified administration for the real estate and secondly carry out the land split certificate system.