On The Renewal Of Construction Land Use Ownership

With the continuous rise of the real estate market,housing property issues concern.All the land in our country belongs to the state,and the individual citizens are not entitled to the ownership of the land.They can only enjoy the right to use the land.Housing can not be separated from the land alone,there is a conflict between the use of land and permanent housing.Due to the time of commercial housing in our country is not long,and the legislation is not perfect,many problems are worth considering.For example,the automatic renewal is free automatic renewal or paid automatic renewal can be continued for several times,each time how long,renewal shall commence from when,these problems we have to be clear in the law as soon as possible.In this paper,four parts of the right to use land for the construction of the renewal of the issue.The right to use construction land is a concept put forward after the promulgation of the "property law".First of all,it belongs to the land use right,and has a certain particularity.The basic reason of the right to use the land for construction is the social system of our country,and it also solves the contradiction between the land and the house temporarily.A major premise of the renewal,is the permanent right to use the land for construction period and housing ownership is conflict,the conflict in China in other countries based on the legal system of the formation of China's real estate integration mode,but China is the public ownership of land,this is the legal system is different from other capitalist countries,we need a renewal system to make up the loophole on the basis of extraterritorial laws and regulations of the.The renewal system of our country comes from the land reform,and gradually develops to the automatic renewal system in the real right law.But in our country the renewal system has many problems,the most urgent need to solve the four problems: 1,whether or not paid for renewal provisions,2 houses,it is difficult to define the nature,the starting time of 3,construction land use rights can not be determined,4,renewal fee is not clear.For the specific construction of the system,we should follow some basic principles,including the principle of equal protection,the principle of public ownership of land ownership,the principle of efficiency and fairness,public and private rights,these principles through perfect always right term system of construction land use.Secondly,system construction should be based on the protection of housing for everyone,and conditional paid use fees levied;for the nature of housing problem can not be generalized,according to the principle of fair and reasonable judgment;as for starting period should be regarded as the right to use the land for construction of the date of registration is recorded in the land register date;renewal fee it should be in accordance with the renewal shall be determined according to a certain proportion of the renewal of land value-added price.