Legal Dilemma In Renewal Of Housing Construction Land Use And Corresponding Solutions

The nation started implementing the system reform of paid land use in 1980 s or 1990 s.The reform publicized and aggravated the contradiction between theory and reality of land ownership,so as to promote the emergence of studying land ownership in China.In order to solve the contradiction between paid land use and protection of people's livelihood,Property Law of China stipulates that the housing construction land use right will renew automatically after expiration,” which is excessively ambiguous.We don't have specific operation basis until the real problem “Wenzhou Event” occurs.This brings us to a new topic: how to renew the housing construction land use right after its expiration.In order to solve the problem,the author thinks that we should explore connotations of automatic renewal and combine with Article 149 in Property Law.The paper is exactly based on exploring connotations of automatic renewal.The author hopes to explore renewal dilemmas in the housing construction land use right and how to solve these dilemmas.In addition to introduction,summary and acknowledgements,the main body can be divided into five parts:Part one: safety fuse of renewal of housing construction land use right: The part can be divided into two sub-parts: one is summary of “Wenzhou Event”.The dilemma of automatic renewal of the expired housing construction land use right was rooted in expiration of 20-year affordable houses in Wenzhou.The author exemplifies Wenzhou,Qingdao and Shenzhen,which have the housing construction land use right lower than 70 years,due to history and policy,so that land use rights in some areas are expired in advance.However,these houses keep in perfect conditions,resulting in a problem of renewal and generating “Wenzhou Event”.The second one is cause of “Wenzhou Event”.The Wenzhou incident was mainly based on two reasons,namely,the conflict between the ownership of the house and the right to use the land and the government's supervision and dereliction of duty.Part two: legal problems of renewal of housing construction land use right.Property Law of China stipulates that the housing construction land use right will renew automatically after expiration.However,the statement of automatic renewal causes a series of legal problems,whether renewal will cover the cost,deadline and times of renewal,How many times can be renewed,etc.The author enumerates some views of the theoretical circles on the above problems,and briefly talks about its own views on individual issues.Part three: legal analysis of renewal of housing construction land use right.In this part,the author mainly demonstrates that the renewal should be based on the remaining life of the building on the ground,and the renewal should pay the corresponding cost of the two issues.For the demonstration of paid renewal,the author demonstrate from the reform of the land system,formulation process of Property Law,and scarcity of resources,etc.Part four: Settlement of the renewal of housing construction land use right,Including the resolution of the renewal of the“Wenzhou Event” and the settlement of the renewal of the right to use the residential construction land in 70 years.The solution to the second problem is the key point of this part,the author thinks that,70 years of housing land use right shall be paid for renewal,fees of renewal should be paid in annual rental.Neighborhood committee should be responsible for relevant items.As for standards of fees,the author only briefly discusses relevant factors considered in fees of renewal.In addition,actually someone may be unwilling to pay the fees.Therefore,the author suggests applying the offset method of surplus value of house ownership and value of land use right to solve such a problem.