Urban Housing System Of The Right To Use Construction Land Renewal Research In Our Country

As a typical socialist country,the land resource is not only a kind of special commodity,also means a kind of special rights.As revitalize,development and utilization of land resources,urbanization and rapid development of real estate industry to form the mutual promotion and mutual influence of the bidirectional interaction model.More and more people migrate to cities to seek personal development,in the city to buy commercial housing has become the pursuit and dream of most people,while for others,to buy commercial housing only for living,but also a stable investment behavior.China's urban housing construction land land use maximum fixed number of year of 70,namely building property right for 70 years.Housing land the effect of land use rights has provided the safeguard for the flow of the land and trade,also has provided a legal basis for the marketization of land resources.But once within a time limit of the land use right expires,is bound to trigger a new round of problems: property rights how to renewal? For the question: how to renewal,relevant departments have given different policy responses: first,the draft of the "land management law" passed in 2008 shows that automatic renewal can be free of charge after the expiry of the residential property.Then,in 2009 the "land management law draft(revised draft)" has given "the renewed automatically according to the relevant provisions of the state".Obviously,the renewal of property right by the "free" renewed automatically change to automatic renewal "in accordance with the relevant provisions of the state".And what the "regulations",our country law did not make a clear definition,but has been virtually no renewal free of charge,which is the social from all walks of life and the public concern and worry.In recent years,the phenomenon of land for housing construction land use right expires also gradually aroused the concern of the society from all walks of life.To the problem of how to renew the local governments are also on the positive discussion and presents a preliminary renewal scheme.In Shenzhen special administrative region,for example,in response to and answer people's doubts in the renewal of residential property in Shenzhen,Shenzhen municipal government immediately launched the provisions Shenzhen real estate due renewal,the file to Shenzhen city residential property renewal policy made specific provision.At the same time,Wenzhou,Kelamayi region also faces such as residential land use right to use construction land "hit the limit of" problem,but the local government and relevant departments have not issued or instructions related to the renewal of policies and measures.How can our country law for residential land use right to use construction land renewal problem did not make the detailed and clear rules,because of the lack of the content of the legal and institutional vacuum lead to local government on the renewal policy has no clear policy guidance and policy guidance,lead to renewed policy and means interoperability is not strong,if the same problem and outbreaks across the country,we will face serious social dilemma,therefore,for the renewal problem of research on the land use right to use construction land is very necessary and urgent.Aimed at the question of how to renewal of land used for urban residential construction,our country level is three times the response is presented.Released on November 27,2016,"the central committee of the communist party of China,the state council on perfecting the system of property rights in accordance with the law to protect property rights opinions that will further research and perfect the legal arrangement of residential property renewal;On March 8,2017,the ministry of land and resources minister Jiang Daming also said countries would protect residents' property rights,relevant departments of the property right system arrangement of renewal is further research and legislation Suggestions;On March 15,2017,premier Li keqiang has renewed residential property problem to respond,said 70 years after the expiry of the renewal,and there's no need to apply to the relevant departments.Premier Li keqiang and relevant departments are already in the macro renewal of urban residential construction land is responded,based on this,we should from the perspective of the construction of the social management and policy,in-depth research and analysis on the micro housing renewal policy content and the detailed rules for the implementation of the right to use construction land.Based on the renewal of management of urban residential land use right to use construction land as the main research content,in the current land use system in our country as the research of the institutional framework,the research on the theory of limited property rights theory,in-depth analysis of the urban housing land use right to use construction land renewal management dilemma facing the reality,and on this basis the comparative analysis of foreign results about the system design and practice of property rights theory,from the Angle of institutional construction and policy management for the renewal of management of housing land use right to use construction land in our country puts forward new ideas.