Construction Land Use Right Expires With The Ground Ownership Of The Object Conflict Resolution

A date transfer from China in1987, China paid term land-use system has been implemented for over20years. When people still lamenting his house and the land use rights of the following maturity is a long way in70years, there have been the earlier pilot areas in China’s coastal land use right transfer the problem of the construction land use right expires. At this time people could not help worry that our house after70years how to do? For construction land use right in the end after the expiration of the renewal of the laws and regulations required by law, but there is still a lot of vague and unreasonable, to the practical operation has brought a lot of trouble. Therefore, how to improve our laws to solve the conflict with the substance of the earth, after the expiration of the construction land use right has profound significance.In addition to the introduction and conclusion, the total is divided into three parts:The first part of the questions. According to China’s construction land use rights expire legislative situation analysis of China’s current legislative shortcomings:First, land for residential construction, the automatic renewal is paid or unpaid? Automatic renewal to renewal in the end how long? At the same time deal with the views of mixed commercial and residential land is not mentioned. The second is for non-residential construction land,after the expiration of the way for renewal of what? Hinder the renewal after the expiry of how to define the public interest? Finally, pointed out that after the expiration of the country obtained free of charge on the ground was unfair.The second part, after the expiration of the residential land conflict solution. First of all, the first of residential land for construction should adhere to the automatic the unpaid renewal of principle. Secondly, the renewal of the length of time should be the standard for the remaining life of the building. Finally, the mixed commercial and residential land the way for renewal of what to put forward their own views.The third part, after the expiration of the non-residential land conflict propose solutions. First of all, the introduction of an annual rent of production of non-residential construction land use right after the expiration of the renewal. Secondly, for example and exclude style combination and define the public interest in the form of public participation in the hearing. Finally, by the recognition of the nature of the construction land use right grant contract civil rights system of civil law on the ground reference for the establishment of national paid to obtain the system of the earth.