Study On Renewal Of Use Right Of Residential Building Land

Land as the mother of wealth belongs to the important production,which is scarce.Different from the western countries our country implements the land public ownership,urban land belongs to the state and can not directly enter the market transactions,but in order to maximize the economic value of land,Our country implements the paid use system of land use right,which also gave birth to the renewal problem of the land use rights.The legal provisions of residential construction land use rights for a maximum period of 70 years,and most of residential construction land use rights renewal problem is not urgent,it seems we can sit back and relax,but Shenzhen,Qingdao,especially Wenzhou,Its part of the 20-year residential construction land use Right expired,early exposure to the problem of renewal,causing the academic and practical community of great concern.Because of the existence of 20 years,50 years and 70 years in the real estate,it is necessary to study the renewal problems.This paper consists of four parts:The first part mainly expounds the birth of the renewal system of construction land use right,reviews the existing laws and regulations on the construction land use rights renewal requirements,and analyzes the construction land use rights and housing ownership of the contradiction between the permanent,Lay the ground for the following.The second part mainly analyzes the problems and reasons of the renewal of the right to use the residential construction land.The main problems are whether the renewal is paid,how the renewal period is set,and the disposal of the land that is not renewed.This paper analyzes the theory of "Renewal of renewal","free renewal theory","attached condition renewal theory" and shows the understanding of "automatic renewal".Finally,it is considered that the root cause of a series of renewal problems is the public ownership of land.The third part mainly analyzes the extraterritorial reference of the renewal rules of the right to use the residential construction land at the concept level and the system level.It is to limit the public power and the state makes the necessary concession at the concept level.At the system level we should strengthen the private right and the private consciousness.And the author analyzes the system of land right in civil law system in Germany,Japan and Taiwan,and paves the way for the idea of the land right system and the specific rules.The fourth part mainly elaborates the concrete construction of the renewal rule of the right to use the residential construction land,through the detailed discussion of the first three parts.This paper argues that the renewal of the right to use the residential construction land should be free of charge,and the number of renewals is one time is appropriate.The term is 70 years.When the disposal of the land is not renewed,the land use right is given to the land use right Purchase request.