Reform of Residential Plot Rights and the Current Omission and Future Development of the “Separation of Three Rights” in the Civil Code

Abstract

The Civil Code has not yet articulated fully what the “separation of the three property rights” with respect to residential plot rights should mean. This is due to the inadequate development of the theoretical basis of the reform of residential property rights in the Civil Code. Future stipulation on residential plot rights in the Civil Code should aim to define both the eligibility requirements and rights, and the use rights for residential plots. Both of those are derivative of collective ownership rights. For use rights, the new definitions should apply: use rights with respect to residential plots should become transferrable and complete. The new eligibility rights should be clarified as a membership right, a major component of the rights of being a member of the collective. It should include the right of usage and the right to benefits therefrom, while excluding the rights to request distribution of or transfer of the land.