土地产权和其上建筑物产权的矛盾与解决

A contradiction between Land Property Rights and the Property Right of Buildings on the land and solutions

我国的土地属于国家或集体所有,但土地与建筑物在形态上是不可分割的,当土地使用权主体与建筑物所有权主体不一致时,就可能发生二者之间的矛盾。简单地说,当土地使用权的丧失早于建筑物的自然灭失,权属矛盾就发生了,而我国现行法律法规对此问题的解释和处理存在许多问题,国家从提高土地利用率的目标出发,必须作出制度上的重新安排,而不宜采取无偿取得建筑物所有权的办法。

Land of our country belongs to the state or collective. But land and buildings are inseparable in form. When owner of land usufruct and owner of buildings are not consistent, the contradiction between the two sides may take place. Speaking simply, a contradiction of ownership will be resulted in when losing of land usufruct is earlier than natural disuse of building. However, current law of our country has lots of problems to explain and deal with it. In order to enhance using efficiency of land, the state must reorder institutions and should not make ownership of buildings be gained for free.