Research On The Legal Problems Of The Right To Use Granting Land After The Expiration

The granting land in China has a limited period of use. According to different purposes, lands are divided into different maximum tenure of use. Among which, the residential land can be used for 70 years; 50 years or 40 years. Expiration of land use is bound to face problems like renewal or withdrawal of the right to use, These issues are related to national economy and the people's livelihood and involve citizens living guarantee and protection of property rights and other aspects, thus they are of great significance. As for the renewal or withdrawal of the right to use, the expiration of the period for how to renew, times of renewal, whether or not paid for renewal, standard payment, payment nature, mode of payment, as well as how to deal with the above-ground buildings after the deadline of granting land. The poor legal system cannot cope with increasing problems or give people a reasonable expectation, which is not conducive to social stability and market transactions. Therefore, this study sorted out existing laws related to the expiration of term of remising land use right. pointed out the legal problems we will face in the renewal or withdrawal of the right to use granting land.And then introduce the existing researches and case studies on these issues under the premise of making the status quo evaluation, it points out the shortcomings of existing research, At last, this paper put forward suggestions of the expiration of use term problems without changing the underlying land transfer system, aiming to help deal with problems in the growing increased cases of land use rights expiration.Besides the introduction and conclusion, the paper was divided into three sections, about 45000 words.The first part sort out and discussed current legislations related to systems of state-owned land use right, which was a theoretical and legislative basis of the following parts. The current laws on the period of state-owned land use right system mainly include Article 12 in “Interim Regulations of the People's Republic of China Concerning the Assignment and Transfer of the Right to the Use of State-owned Land in the Urban Areas”; Article 149 in “Real Right Law of the People's Republic of China”, Articles 21 and 22 in “Law of the People's Republic of China on Administration of the Urban Real Estates Urban”, and Articles 40, 41 and 42 in “Interim Regulations of the People's Republic of China Concerning the Assignment and Transfer of the Right to the Use of State-owned Land in the Urban Areas”. Then, this study pointed out the legal problems we will meet in the renewal or withdrawal of the use right of state-owned land, as well as ownership and compensation of above-ground buildings and other aspects, including issues like right of application, renewal fee, renewal period and renewal times at the time of renewal; defining public interest, withdrawal of the not approved renewal applications, withdrawal of not applying the renewal in the land use rights; and ownership and compensation of above-ground buildings when the land use rights are withdrawn.The second chapter analyzed the problems and made an evaluation while describing the existing researches on these issues, pointing out the demerits in the researches when dealing with the issue of rights expiration. There are so many researches about whether or not paying for renewal, costs to pay, renewal period and the number of times, definition of the public interest, compensations for the building on the ground, but existing researches in many aspects still exist many problems. The reason is that many researches haven not taken into account the specific circumstances of the country, making some of the proposed scheme can not function well, or the proposed program itself will bring more problems. Therefore, the existing research can not give us a better guide to the expiration of the renewal and tell us how to solve the problems, so it is necessary to make more researches on it.In the last chapter, the paper proposed specific improvement recommendations about the renewal and withdrawal. It pointed out that residential land should be clearly presented for renewal fee; And it is not necessary to set specific renewal period but taxing for real estate yearly; Defining strictly what "public interest" is;Giving truly equal bargaining rights to both sides. Making it clear that the State should pay for the buildings on the land,and setting a found for compensation of above-ground buildings. At last, perfecting real estate registration and land disputes solving mechanism and other supporting systems.