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

"Property Law of the People's Republic of China" stipulates:"residential construction land use rights expire after the automatic renewal." The provisions of the protection of citizens to protect the interests of far-reaching,but there are still many problems are not clear and urgent to be resolved.To fundamentally resolve China's land ownership,ownership of housing and residential construction land use rights between the three contradictions,we must supplement and improve the automatic renewal of the specific implementation details.This article mainly analyzes the legal problems existing in the renewal of the right to use residential construction land and puts forward the corresponding countermeasures.In the content,this article is divided into four parts:The first chapter first of the domestic residential construction land use rights renewal issues related to the legal provisions of the card.Using the method of historical analysis to introduce the legislation of our country,and point out the shortcomings and unresolved problems of its renewal rules.And then on the European countries on the use of residential construction land renewal of the disposal of the way to do a summary.The second chapter makes a detailed analysis on the renewal of the right to use the residential construction land from the legal layer.It is clear that the legal basis of the automatic renewal is the contract of the right to use the state-owned construction land.The nature of renewal is the renewal of the legal relationship.At the same time,it is clear that the nature of the right to use the residential construction land is the usufructuary right,and the legislation of the land right system is compared.This chapter is intended to pave the way for the renewal of claims below and the expiration of the argument.The third chapter on the "property law" "automatic renewal" rules have not yet solved several major issues to demonstrate.It mainly includes the following aspects:whether the renewal is paid,the number and duration of renewal,the legal application of "living with change business" and "residential commercial".On the basis of comprehensively combing the views of all parties,the semantic analysis and logical analysis,Comparative research and other law research methods and law and economics and other related disciplines theory,the construction of residential land use rights renewal issue of a more detailed theoretical analysis and practice study.The fourth chapter discusses the concrete proposal of perfecting the renewal system of the right to use residential construction land.At the macro level,we should give full play to the value of real estate,and pay attention to the protection of the interests of the right to use the construction land,respect for the autonomy of the right people;at the micro level,to the principle of renewal,Should be considered "minimum living area",the renewal period should be a one-time renewal of the principle of 50 to 70 years between the specific identified as appropriate,and should not take a number of renewal programs.