A Study On The Renewal Of The Use Right Of Urban Residential Building Land In China

Current land tenure system in China is a product of economic reform in the 1980 s of 20 th century and lands have been mainly allocated by means of market regulations following the principles of land tenure compensation and duration of use. Land reform and housing reform have greatly promoted the development of China but also have created new problems, including the separation of land ownership and land tenure. The land tenure is periodic and its renewal allowance and renewal methods after the expiry become the main issues. Actually, expired tenure of residential construction lands in Shenzhen, Qingdao and other places have met such problems. However, due to lack of maneuverability, the current laws in China have made these undefined issues into unsolved dilemma. As time goes on, a nationwide concentrated outbreak will happen in China. Therefore, such issues need to be explored in order to come up with feasible solutions.The thesis attempts to trace the causes of urban residential construction land tenure system formation based on the analysis of the concept of urban residential construction land tenure and tries to explore solutions to the existing problems identified under the current institutional framework systematically according to the current regulations and policies in China and relevant land property system of other countries. It intends to commence studies on a number of issues to be clarified within the renewal system after the expiry of the urban residential construction land tenure of China, specifically in the following aspects:(1) the house ownership after the expiry of construction land tenure;(2) the compensation of the renewal;(3) the renewal term(4) number of the renewals;(5) modes of the renewal.Different solutions will be found from different perspectives for land tenure renewal. The thesis will attempt to seek solutions mainly from the perspective of public administration combining other perspectives of laws and economics. Different from the traditional view of traditional public administration, modern public administration pays more attention to social equity and aims to provide the community with high quality and efficient public services. Based on these characteristics, I think the improvement of urban residential construction land tenure system for renewal should follow the following principles:(1) to protect the democratic people’s livelihood and to keep social stability and harmony;(2) to use resources efficiently and to promote economic development;(3) to control costs efficiently and to operate easily for individuals of both sides. At the same time, other recommendations should be put forward as follows:(1) to make distinct fundamental individual rights of the house ownership;(2) to make clear fundamental government rights of the land ownership;(3) to assess the safety of buildings and renewal terms(4) to limit the number of renewals due to developing plannings.;(5) to build a network platform and apply for renewal by individuals.