Improving On The Period System Of The Right To Use Construction Land

According to the149articles of the Property Law, the right to use residentialconstruction land and the right to use non-residential construction land facing differentsolutions when they expiration. The former automatically renewed; but the latter notautomatically renewed, the problem will be deal with by other relevant laws. If it have aprovision related the attribution of the building above the ground, such a provision shallapply. If it has not a provision, will according to the relevant laws. We found the provisionof this article is abstract, is lack possibility of actual operation, and will produce a series ofproblems in practice. For example, when the period expired, if the automatic renewedmethod means the applier has nothing to done; the applier need to pay the land premiumor use it free; the payment for the land premium by one-time pay or installment pay; thetime to renewed how to determined? The laws must be clarified this questions. However,the property Law which issued in2007just has one term about how to deal with theexpiration of the right to use construction land. The related departments did not issue anyjudicial interpretations. This question inspired the author’s interest and chooses this as thetheme of the dissertation. After all, the housing problem is related to the national economyand the people’s livelihood. Ordinary people can only have the right to use constructionland for seventy years when the use their life saving to purchase housing. In real life,deduce the developers hoarding land and development time, the house purchasers’ owntime will be minimized. We must handle the expiration of right to sue construction landtimely and secure, in order to maintain social stability and promote social harmony.This paper is divided into five parts: the first part will introduce the regulation of theright to use construction land and the reasons of it formation. The second parts willanalysis the existing problem of the right to use construction land. The third parts willintroduce the foreign country’s land use systems, including Germany, Japan, the British, Chinese Hong Kong and Chinese Taiwan. The author want to find out something whichChina can learn from during use comparative research method, and analysis theadvantages and disadvantages of the countries and regions land use system step by step.The fourth parts will introduce the principle we must adhere when we improve the right touse construction land system. The lastly part, the author will make some usefulrecommendations for improve the right to use construction land system. The author’stheme is to promote the national land leasing system.