The Processed Principles Of The Residential Construction Land’s Using Right After The Expiration In China

Regulations about Residential construction land’s using rights after the expiration date means a lot for ordinary people. It has already become a growing concern focuses and attentions. And can be said to be the most important people’s livelihood issue. How we deal with it relates to the stability of the whole society, and the lasting safety of our country. In regard to the changing process of the regulations about the renewal of Residential construction land’s using rights after the expiration date; we can experience the efforts which our country makes to ensure the basic survival conditions as well as the peaceful life and work of our people. And also the effort to protect people’s legitimate right. It embodied the People oriented and not scrabbling profits with people’s purpose of legislation. However, our present laws only simply stipulates when the expiration date is arriving, the using rights of Residential construction land will renew itself, the law has not made any rules about whether the renewal is for free or not, as well as the procedures, conditions, the times of renewal and the ownership of the house, still lack of Maneuverability. The implication is not distinct enough, also lack of manipuility, ending the situation with shortage of legal system when we deal with these problems. This leads to some social contradictions. Therefore, how to improve our law system quickly and settle the problems that may occur after the expiration date of Residential construction land’s using rights have a vital meaning.The Constitutional Amendment and the Land Management Law of our country in 1988 have already regulated specifically that house owners can transfer the possession of the land usage right for value, ending the history of it can only to be allocated. According to Interim Regulations on the Assignment and Transfer of the Right to Use the State Owned Land in Cities, after the expiration date of residential construction land’s using rights, one can extend the usage rights only by proposing an application and paying for the transfer fee; if you don’t apply for the right or if your application isn’t approved by the related department, the government has the right to take back buildings on the ground free. Urban real estate management law deletes the regulations above and proposes more detailed time limitation, the condition about the renewal. Law of real right only simply stipulates when the expiration date is arriving, the using rights of Residential construction land will renew itself, the law has not made any rules about whether the renewal is for free or not, as well as the procedures, conditions, the times of renewal and the ownership of the buildings on the ground.Regulations about Residential construction land’s using rights after the expiration date must obey the Principle of public ownership of land, the principle of the protection of the legitimate interests of the land use rights and the Maximum principle of ground building utilization. The Principle of public ownership of land is the core of land institution and the foundation of the socialist countries, it can’t be changed. Compared to the owners of land,the owners of residential construction land lie a weak position. Their Legitimate rights should be safeguarded. We should also strengthen the protection of the buildings on the ground, maximum the utility.The renewal of the residential construction land includes the compensate one and free one. The former one needs obligees pay for some money to renew the land usage rights and the later one needs nothing for obligees to renew the rights, it will extend automatically. In the compensate renewal, we decide whether we should pay the price according to the buildings’area, quantity and purpose. Once the quantities of the house exceed one, for whatever purpose, the owners should pay for the transfer fee. Live to change business no matter legal or illegal, the right can not be renewed. Although commercial and residential integration buildings are not residence, they can be suitable for the regulations.When the expiration date of the Residential construction land’s using rights is due, we should respect the will of obligees and their rational choices. Ensure the renewal time on condition of the existence of the building, considering the life span of surplus constructions, once should be fine. After working out the value of each square meter, Use the Income reduction method to price lands and multiply by the part which exceeds the exemption from tax.When the expiration date of the Residential construction land’s using rights is due, we should insist the rule of autonomy. Observe the convention when there is a convention. With no conventions or the conventions are not clearly enough, we should affirm the independence of the overground building, stipulate its ownership, and encourage the owner to take back the house’s ownership according to market price. People who have the right to use the land once give up renewing; the owner of the houses should compensate them according to the surplus value of the house.