Study On The Legal Issues Of The Renewal Of The Right To Use Residential Construction Land

The current debate on the renewal of the right to use residential construction land is mainly "automatic renewal".Because the "Property Law" and other relevant laws of this provision is very general,but that the use of residential construction land after the expiration of the automatic renewal,and did not specify how to automatically renew,automatic renewal is paid,the number of automatic renewal and How to determine the renewal period.This paper focuses on the current situation,from four parts of the residential construction land use rights expired after the automatic renewal of the legal issues.The first part first discusses the connotation of the use right of residential construction land from the perspective of the term system.Secondly,it discusses the reason and significance of the construction right of residential construction land in China.This provides the theoretical basis for the analysis of the status of the automatic renewal of the right to use residential construction land in China and the solution.The second part mainly discusses the shortcomings from five levels.Firstly,it discusses the uncertainty of the scope of automatic renewal.Secondly,it discusses the present situation of the existing laws which are not stipulated by the existing laws,whether from the current two mainstream theories-free renewal and paid renewal theory.The paper discusses the stipulation of the number of times,conditions,years and expenses of the "Real Estate Law","Urban Real Estate Management Law" and "Provisional Regulations" for automatic renewal.The last two parts of the automatic renewal of the need to re-establish the contract to do the contract is unknown,and "urban state-owned land use right transfer and transfer of the Provisional Regulations," Article 40 of the provisions of the ground building free of charge is a violation of private property rights,Unfairly.The third part first discusses the land tenure system of Hong Kong,Taiwan,Germany and Japan,as well as their characteristics.Secondly,it discusses the areas where the renewal system of the right to use residential buildings in China is worth learning.The fourth part puts forward the solution from five levels.First of all,the paper puts forward the principle that the renewal system of the right to use land for residential construction in China should be adhered to.Secondly,it is put forward that the automatic right renewal of residential construction land should be paid in principle.Finally,the proposal of automatic renewal procedure is put forward.If the owner of the house does not wish to renew,the undeveloped land should belong to the state,the state should compensate the owner of the original house,this paper puts forward the compensation rules,and strive to improve the system.In view of China's current residential construction land use rights to renew a series of shortcomings,the state should be introduced as soon as possible a series of supporting laws and regulations to improve it,not just stay in the current level of fuzzy uncertainty,I believe in the near future China will have Complete residential construction land use right period system.