Research On Law Issues About The Term Of The Right To Use Construction Land

Real Right Law. Article 149 When the term of the right to use construction land for dwelling houses expires, it shall be renewed automatically. As regards the term of the right to use construction land not for dwelling houses, the renewing shall be subject to legal provisions. In case there exists any stipulation on the ownership of houses and other realties on the aforesaid land, such stipulation shall prevail; in the case of no or unclear such stipulation, the ownership shall be determined in accordance with the provisions in the laws and administrative regulations. only provided by a very abstract like a good deal of construction land use right term problem is very difficult. To a very good solution to the period of construction land use rights issues must be fully aware of China's national conditions and policies, based on the "Property Law," Meanwhile,The text is about more than 30,000 words, in addition to the introduction, epilogue, is divided into four parts:Part I: The current situation of the term of the right to use Construction land and its shortcomings.theterm of construction land using in China involves the question,which about the renewal deadline, costs, and ownership of the building after it is expiration.China's Real Right Law identified the term of the right to use construction land for dwelling houses expires, it shall be renewed automatically. but for automatic renewal of the duration and cost of residential commercial mixed land situations, not involved. For the period of ownership after the expiration of the provisions of the construction deficiencies. "Urban Real Estate Administration Law" and "the land use right transfer and the Interim Regulations on the transfer of" land for the construction given the right to use the request for renewal of the right people at the same time be given to Licensor in accordance with the public interest against the right, in current law does not clearly define the public interest of the connotation and extension of the case, the rights of the parties is not guaranteed.Part II: Reseach on the cause about the defect of the term of Construction land. China is the right of land ownership and land use separation of land use rights and land combined with the legislative model building, building upon the expiry of land use, how to ensure people the right to use land for construction on the building while protecting national interests of the land ownership period of construction land use to solve the key problem. Construction land use rights in China is provided as a usufruct in the "Property Law", but there is the period of construction land use land lease with the strong nature of this design model gives us a puzzle that we solve the land for construction After that period, the way property is used, or by way of debt, in two different ways is a big difference. China's land use system is drawing foreign Earmarking formed on the basis, China's land system is the public ownership of land, land ownership can not enter the circulation area, the majority of private land and foreign land ownership is to enter the circulation area. Land ownership system of different land-use reference also to use in resolving the issue of construction land use period creates difficulties.Part III: The principles,which Improving the limit of the term of the right to use construction land should be followed. China is socialist public ownership of land, construction land owned by the state. Period of use in resolving the issue of land for construction must adhere to the premise. China is a socialist country, China should have people share the fruits of development, China's use of the land public purpose and equitable interests of individual citizens, the state's land ownership and housing construction land legitimate ownership of equity, construction land use right and the duration Xing ownership of land without buildings in the coordination of the period of construction land in the settlement period for our problem should be taken into account. Also should be noted that our system of transferring land for construction period and the period of free allocation system, coordination, urban land and rural land-use system coordination.Part IV: Measures required by law, which maybe improve the defect of the term of the right to use construction land.In the "Property Law" 149, based on the automatic renewal of land for construction to the unity of the legal duration of the building, on land free of renewal of residential and non-residential land were paid for renewal, the ownership of the building, without being approval of renewal, giving people the right to use the right of access to state compensation; in the case of an application does not give the right to use construction land rights to freedom of action. My lease is the legal way of compensation for the use specified, the use of construction land in China has a strong rental properties, lease renewal can effectively solve problems and ownership of the ground objects. Since ancient times, have traded "without destroying the lease" requirement, given the nature of construction land lease of property owners to use more conducive to protecting the legitimate interests of the building on the ground.