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

China's "Property Law" on the automatic use of residential construction land use of the provisions of the protection of people's housing rights have a significant impact,so that people do not have to worry about 70 years after the expiration of land use rights,real estate will be recovered by the state free of charge.But this provision in the specific implementation may have some problems and disadvantages have affected the stability of society.In order to protect people's living right in practice,it is necessary to supplement and perfect the relevant rules of automatic renewal system.This article mainly analyzes the shortcomings in the implementation process of the automatic renewal of the right to use the residential construction land,and analyzes the difficulties and puts forward the corresponding solutions.The current situation of the tenure system of residential construction land use mainly includes the relevant provisions of the law on the use period of the house and the expiration of the construction land use period,and the Wenzhou event has caused many thoughts on the whole automatic renewal problem.Moreover,there are many shortcomings in the system of tenure of residential construction land use,including the question of renewal period,the issue of renewal fee,the question of renewal mode and the number of renewal.The institutional causes of the term of ownership of residential construction land use include both structural and design reasons.There are two main causes of the structure:First,the inevitable result of land ownership in China,the second is the construction of land use rights of the reasonable requirements.The main reasons for the design mainly from three points,including the legal legislation deliberately left blank and China has always followed the "land and the ground" principle,there are national legislation and our country legislation staggered.The solution to the dilemma of the tenure system of the right to use the residential construction land is mainly from three aspects.First,it is discussed from the perspective of the reality of our country,mainly because of the differences between our country and the contradiction between the existence of public right and private right,Mainly including the concept of public and private rights of the boundaries and the existence of conflict between them;Third,China's housing ownership and construction land use rights between the contradictions,including housing ownership and construction land use rights in the period,the main body And other aspects of the existence of the problem.For the question of how to solve the problem of automatic renewal,we should first follow several principles to solve the problem of automatic renewal of the period,including the principle of combining national economic and political interests,the principle of balance between public and private rights,and the principle of real right;Secondly,we find out the most reasonable solution by analyzing the renewal period,renewal fee and renewal number of the automatic renewal system.