Research On The Term System Of Residential Construction Land From The Perspective Of Conflicts Of Interest

Since the promulgation and implementation of the property law of the people's Republic of China in People's Republic of China in October 1,2007,the dispute on the application of the automatic renewal of the 149th residential construction land use right has never been interrupted.April 2016 Wenzhou District,only 20 years of the right to use the property is about to expire event,no doubt,the residential construction land use rights expire after the expiration of the specific issue of the renewal of the problem once again placed in front of the public again.China's current legislation based on the status quo is not perfect and not perfect,due to residential construction land use right after only general provisions for automatic renewal,because the expression is unclear,but the definition is not clear,lack of procedure of right living people can not be effectively protected,so often in the uncertain state housing hardship.The conflict of interests between the state and the individual as the angle of view,explore the state ownership of land and housing ownership,phase separation,resulting in a legal dilemma,a series of exploration and practice in Shenzhen,on the renewal of the local government of Wenzhou as an example,summarize and clarify the existence of the renewal term system,and then from the jurisprudence.The politics of theoretical analysis on the double perspective.As a necessary condition of space and material base of our normal life,housing is a major issue related to the national economy and the people's livelihood.How in the residential construction land use rights set a deadline under the condition of the people's housing rights according to the law and guarantee the implementation of the maximum utility,reasonable play of limited land resources,social conflict factors need to be solved in current law and practice.In order to ensure that people live and work in peace,maintain social stability and harmony,and improve the land use right system of time limit on housing construction as soon as possible on the agenda two,mainly from the aspect of legislative interpretation and specific procedures in order to put forward some optimization scheme,strong operation.This paper is divided into five parts in the structure and content of the text:The first part describes the background of the time limit system of use right of our country land,first from the definition of law,combing our country's land use history changes from free to paid,according to the stage of development in different countries and policy oriented,process system and clarify the term development.And then expounds our country before and after "the property law "promulgated,the relevant legislation on the status of residential construction land use right period,specific provisions by three representative law,attitude and stance on the issue of clear national legislators in different periods.The second part discusses the concrete practice of China's residential construction land use rights for the system in the local practice,taking Shenzhen and Wenzhou as an example,focus on the introduction of the local government to issue renewal policy documents,refer to the innovation and benefit provisions,lack of dispute or larger,worthy of the legislature and carefully weigh considerations.Then,on the basis of practical experience,this paper analyzes the system dilemma of the residential construction land use right,which is divided into four aspects:First of all,the type of residential land use expires without making provisions on the renewal period,what is the implementation of no time limit a limit renewal or advocate automatic renewal,which relates to the renewal of the problem is a continuation of the original time or the establishment of a new legal relationship;Secondly,there are three kinds of disputes in the process of automatic renewal in the form of paid or unpaid;Again,the specific procedures for automatic renewal still belongs to the legislative blank area,in the operation of the renewal of the main body of the application,the specific content of the renewal process and the relevant procedures are not uniform;Finally,discuss the subject of the renewal of the legislative body,for the local government to decide on the issue of the typical practice,to explore whether the local government as the legislative body is appropriate.The third part from the perspective of jurisprudence and political science from the perspective of the two universities,the renewal period of the system for a wide range of theoretical analysis.As the premise of the automatic renewal,it is necessary to make clear the legal basis of the right to use the land for construction,and compare it with the nature and characteristics of the usufructuary right.At the same time,as the usufructuary right on the ground of housing construction land use rights,the subject of ownership for the country,right on the ground for other subject of civil subject,resulting in the contradiction between land and housing "limited property rights" "permanent property rights".Further,the need for countries to set a time limit of the original system of political considerations,because of the close connection between politics and law,politics often influence the legislative process,it is necessary from the central government,local government and tax system three aspects to clarify the legislative intention of those who.The fourth part is a brief analysis of similarities existing in our country's construction land use right system and the civil law countries the right on the ground,for Germany and Japan in the field of architecture and has a relatively complete theory,right system focuses on the characteristics of the two countries on the elaboration of different mode of real estate property rights,legal consequences facing the related legislation and the right on the ground after the expiration of the period.Thus,the situation in Germany "monism" mode and "two yuan" model,and public ownership of land in China is inconsistent,but there are still worth learning and absorbing,provides beneficial enlightenment for improving our system design.The fifth part puts forward some suggestions on the renewal period.First,a clear residential construction land renewal period,the life expectancy of the building as a recognized standard,the initial establishment of a shorter period of use can be automatically extended.Second,the implementation of differentiated compensation renewal,breaking the paid and unpaid curing mode,set up an independent payment method to explore the annual rent measures to carry out the renewal.Third,the specific content of the refinement of the automatic renewal process,a clear application for the renewal of the country's specialized institutions nationwide,to build a network of automatic renewal program platform,improve the safety assessment measures with the renewal period.Fourth,define the subject of the legal authority of the option of construction land.Finally,the fair value option,balance the conflicts of national interests and personal interests,to ensure maximum public property,more persistence.