Improving On The Renewal System Of The Right To Use Construction Land In China

The event on how to renew about the expiring of the right to use 20 years of residential construction land in WENZHOU,caused social attention again and it has made the discussion on the renewal system become a hot spot of academic research.Aimed at the recent event of the expiring of the right to use residential construction land in WENZHOU,and combined with the similar event in QINGDAO,SHENZHEN,analyzes the current law of renewal system of the right to use construction land in China and the conflict of legal provisions,and proposes coordination rules,to clarify the specific provisions in the legal level on the renewal system of the right to use construction land in China.Combined with the specific practices,to point out two major problems in the renewal system of the right to use construction land in China: fuzzing of the provisions of the automatic renewal of the right to use residential construction land;lacking of substantive and procedural provisions of the renewal of the right to use non residential construction land,unfair of the provisions of the belonging of buildings on the construction lands when not to renew.For the problems in the renewal system of the right to use construction land in China,and through the exploration of the path of legislation,put forward the basic principle of the renewal system of the right to use construction land in China;At the same time,referring to the beneficial experience of related system of other countries and regions,establish of residential construction land paid conditional automatic renewal mode,and try to construct progressive type renewal scheme with exemption renewal area;clear non residential construction land renewal application mode,reasonably determine the renewal period and the times,formulate the reasonable standard renewals,and properly handle the issue of the expiration of the belonging of buildings on the construction lands,which to improve the renewal system of the right to use residential and non residential construction land to provide reference.