The Study Of The Automatic Renewal Problem Of The Right To Use Construction Land

How to renew the right to the use of housing land is closely related to people’s vitalinterests and influence of each property buyers nervous. The first sentence of Article149ofThe Property Law in2007that the term of the right to use construction land for dwellinghouses shall be renewed automatically when it expires, which is of great significance forprotecting the interests of home equity. It means that people need no longer fear therepossession of houses without compensation upon its expiration after70years, because theright to use construction land will renew automatically as long as the house exists. But if wemake a detailed analysis of the automatic renewal we will find there are still many questionsworth considering, such as the renewal belongs to gratuitous renewal or bargained renewal,how many times and how long it can renew, since when it begins to renew, etc, all of whichneed to be explicitly stipulated in law as soon as possible. This article divided into three partsexcept for preface and epilogue.The first part introduces the development of the renewal system of the right to useconstruction land. By combing the development process, it is concluded that the conditions ofthe renewal of the right to use construction land experienced a process from simple tocomplex, from the renewal free to process fuzzy disposal. The author thinks that the fuzzyrule is not a historical retrogression, but an expediency since the time wasn’t mature. But astime goes on, more and more houses will face the problem of the expiration. It’s notconducive to the development of economy and social stability if we still treat this problemfuzzily.The second part proposes problems which the construction land using right system isfacing. First when it comes to the question of whether the automatic renewal need to pay ornot. There are three points of view on this problem: bargained renewal, gratuitous renewal,compromise renewal theory. Secondly, the author discusses and sums up the current academicviews on the obscurities of the construction land use right after the expiration of renewalperiod, renewal terms and renewal fees. Thirdly, the author elaborates on how to define thestarting time of land use right. Finally, the author talks about the obscurity of automaticrenewal of mixed land use renewal regulation.The third part puts forward a perfect solution to the plight of the housing constructionland term system. The author investigates the following rules to be obeyed when we perfect the automatic renewal system of the right to use construction land, including the principle ofpublic ownership of land, home owner scheme, efficiency and fair principle of housingsystem, equal protection of public and private property, etc. These principles functionthroughout the system of residence time limit of the right to use construction land, indicate thecorrect direction for us to improve the system of automatic renewal. Secondly, the authorproposes the suggestions of residential automatic renewal of the right to use construction landperfectly, which mainly including the following suggestions. Firstly, owners should pay therelevant fee of automatic renewal, the author thinks that the compromise renewal theoryshould be adopted. Secondly, for the question of the restricted conditions and times onautomatic renewal, the author believes that the existence of housing should be a prerequisitefor automatic renewal, and the number of existing automatic renewal should not be limited.Thirdly, the author elaborates on how to go through the procedures of automatic renewal ofthe right to use construction land from the following perspectives: Renewal fee of bargainedrenewal should be on the basis of a certain percentage of the price of the land value-addedduring renewal. The calculation of the fixed number of year for automatic renewal should bestart from the date of registration of the right to use construction land. Finally, in terms ofhow to deal with expiration of the mixed housing construction land, the author thinks thatmerchants and residents should be treated differently in mixed housing construction. As tohow to define the nature of living to commercial housing, the author proposes that legalcommercial property belong to non-residential in nature, while the unregistered living tocommercial housing should be concrete analysis of concrete conditions.The renewal issue is closely related to people’s interests. No matter the renewal is“gratuitous renewal” or “paid renewal”, the government should provide a clear-cut argumentand put it on the agenda to comfort people and clear out all doubts.