英文摘要
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This article explores the land rights system across the strait and the efficiency there of, as land is a critical influence in the property market. Land ownership in China is public, either owned by the government or groups, where individuals are only afforded land use rights. In Taiwan, individuals can obtain land title in accordance with the law, where superficies are part of the rights in rem with respect to land ownership. Superficies in Taiwan are similar to land use rights in China, both are usufruct on land not owned by the user. Land use right in China allows transfers, leases, and mortgages; in Taiwan, transfers, mortgages are permitted as well as subleasing, and there are still differences between the two systems. By investigating issues including the rights of ownership, adverse possession, and priority purchasing right derived from change of right in the land laws on both side of the strait, comparative analyses of the two systems on various levels were made in order to determine their efficiency and benefits.
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