Study On The Renewal Of The Term Of The Right To Use The Land For Housing Construction

In our country,housing is a great value for the purchase of property,most of the residents to pay a high price,but in practice,residential construction land use right after the expiration of the renewal of rules but because the law is not clear and controversial.Although the provisions of the "People's Republic of China property law" article 149 th for the owners no longer worry about land use right after the expiration of the house will be the national free to recover,but the rules are fuzzy,in the specific operation for "automatic renewal" is still blank.But we should also recognize that the legislative intent of the legislation in a certain sense shows the legislator's superb legislative skills,leaving more expectations for future generations.At present,however,with the residential construction land use rights expire approaching,the solution of such problems is particularly urgent.Based on the objective reality,this paper studies the renewal of the term of the right to the use of the residential construction land,and puts forward some relevant suggestions.First of all,based on the basic theory of the system of the renewal of the right to use the land for housing construction,this paper clarifies the basic connotation and analyzes its historical continuity in the legislation.By combing the "urban state-owned land use right transfer and transfer of the Provisional Regulations"(hereinafter referred to as the "Provisional Regulations"),the "land management law","City real estate management law" and "law" in the specific provisions of the state-owned land use right shows experience from it is strictly prohibited to transfer according to law to transfer the transformation process.The basis for residential construction land use right term system formation was discussed from the angle of the principle of existence,process of implementation of the system in our country and put forward a solution to lay the foundation for the following analysis.Secondly,this paper put forward through the analysis of typical cases due to a series of problems,the actual operation of the renewal of the provisions is not clear due to the law specifically,including the provisions of the scope of the automatic renewal is not clear,whether the automatic renewal paid is not clear,after the expiration of the buildings on the land ownership is not clear,and the conditions for renewal deadlines is not clear and the provisions for the automatic renewal procedures are not clear in these five aspects.Thirdly,this paper expounds the laws and regulations on the renewal of the right to the use of residential construction land in China and abroad,and the enlightenment to our country.This paper analyzes the rules of the renewal of the land right in Germany and Japan,and makes a detailed description of the land use right system in the United Kingdom and Taiwan,and the land rent system in Hongkong.Through the comparative study,we get some enlightenment on the improvement of the system of the renewal of the right to the use of the residential construction land in our country.Finally,the legislative principles and suggestions for improvement.The construction of the follow-up period of the right to the use of the land for housing construction must follow the principle of the public ownership of land,the principle of equity of interests,the principle of efficiency and fairness,and the principle of maximizing the use of buildings on the ground.The suggestions put forward,with 70 years of residential construction land use rights owners at the expiration of the term automatic renewal,again without payment of land leasing,but to the owner of the land as an obligation to pay taxes according to law.As everyone knows,the residential construction land use right expires renewal problem is a major issue related to the tens of millions of people live and work in peace,to establish and perfect the legal system and operational system,is conducive to the protection of city residents live and work in peace,promote social long-term stability and sustainable development.