Research On The Legal Issues Of The Automatic Renewal Of Residential Construction Land Use Right

The first sentence of Article 149 of The Property Law provides: residential construction land use right expiration of the period, the automatic renewal, which is of great significance for the protection of the common people’s housing rights and interests. But we will find that there are still many problems when the provision comes to use, such as the scope of the automatic renewal, the renewal belongs to gratuitous renewal or bargained renewal, the premise of the renewal, how many times and how long it can renew,etc. In order to solve the conflict between the duration of the use right of the residential construction land and the permanent ownership of the house, it is necessary to supplement and perfect the relevant provisions of the implementation of the system of automatic renewal of the right to use land for housing construction. This paper mainly analyzes the possible issues in the implementation process of the automatic renewal of the right to use land and put forward the corresponding solution for our country.This paper divided into three parts:The first part introduces the meaning and legal characteristics of the construction land use right firstly. Then discusses the problem of the term system of the construction land use right. And finally introduces the significance of the system of automatic renewal of the right to use land for housing construction.The second part proposes the problems that may exist in the implementation of the automatic renewal of the right to use land for housing construction in our country. Firstly when it comes to the scope of the automatic renewal: what kind of house can apply to the automatic rule and should the commercial and residential mixed used constriction land is suitable for the uniform renewal rule; Secondly, the author talks about the question of whether the automatic renewal need to pay or not. There exists two points of view at present, bargained renewal and gratuitous renewal.Then the author proposes that the automatic renewal in the process of program is unknown, such as the premise of the automatic, whether we should resign land transfer contract, the frequency and duration of the renewal.Finally, the paper introduces parts of our country land use rights expire after facing the problem of how to operate the renewal.The third part put forward some specific recommendations to improve the automatic renewal system of the right to use land for housing construction1.To determine whether a plot of land belonging to the residential construction, people can look for the land use right transfer contract, or the detailed planning of the department in charge of urban planning. As for the type of mixed commercial and residential land, the renewal of applicable rules should be different.2. Automatic renewal should pay for the price, people who have two sets of the above(including two) housing should pay the fee when the residential housing construction land use expires. People who have one set of residential can be free of charge for renewal. For the renewal of the standard fee, the author thinks that the collection of land use tax or property tax in accordance with the housing area instead of land-transferring fees is an appropriate idea.3.People shouldn’t resign the land transfer contract when renewal.And the existence of the ground buildings is the premise of renewal and the renewal period should within the remaining period life of the building.The issue of housing is closely related to people’s livelihood. To conform people and clear out the doubts, the government should provide detailed rules of the renewal issue and put it on the agenda as soon as possible.