The Right To Use Of Housing Construction Land Renewal Legal Issues Research

Since the economic system transformation,the ownership of land shall be owned by the state in our country,on the basis of the stripping out of the state-owned land use right to enter the market to do business,to generate the corresponding economic benefits.However,terminableness of state-owned land use right and housing ownership's indefinitely produced some contradictions.as a special kind of usufructuary right expires,housing construction land use rights involves many people's vital interests,It can't simply to recover the state-owned land use right or pay the land grant fee to renew assignment contract for solutions.The ambiguous attitude of expecting future generations to solve the problem and principled provisions of the "automatic renewal" obviously can't solve a large number of maturing housing construction land renewal problem.Wenzhou city residential use renewal before storm has been under the new situation.just rely on the "property law" the 149 th of few words and cannot fundamentally to clarify the "curtilage" mixed.Constructing suitable scheme or the situation of China urban residential use renewal which can cool the current property market,guide the people rational investment,reassure ordinary people unreasonable expectations,eliminate the housing bubble,The result is like this,real housing needs can meet people's wish.This paper will be divided into three parts.The first part is the overview of residence renewal of the right to use construction land,the emphasis on three aspects: the origin of the residential land use renewal problem and its solution,the necessity of building;To our country city(shenzhen,Qingdao)appropriate to the case of the expiry of the existing analysis,points out the urgency to solve the problem.Existing deficiencies and defects in renewal regulation law and practice,point out this article will solve the problem.The second part is about the domestic some scholars idea renewal scheme(paid and unpaid and compromise)introduction and evaluation and reasonable reference for outside 'superficies system,in order to through the contrastive analysis of the appropriate dilution of residential construction land renewal and substance should follow the road system.The third part for the corresponding countermeasures to resolve the problem,this part of the bright and clear the author's point of view: in view of the present housing construction land use rights to renew the problems in practice and laws,the first is should insist on the land public ownership,public or private interests principle of equal protection,etc.Second clear renewal of housing land use right shall be paid on the basis of housing area renewal,combined with the structure of the security service life extension.Finally,in the form of the Internet platform for automatic renewal residential land use right to provide technical support.