Housing Construction Land Use Right System Of Automatic Renewal

The automatic renewal of the right to use residential construction land is an important part of the legal system of land property right in China.It is not only related to the perfection of China's real right theory,but also the regulation and application of the legal system of property rights in China.As an important link in the compilation of civil code,the content of property law is related to the scientific development of civil code in our country.The automatic renewal system clearly differentiates the renewal rules of residential construction land and non-residential construction land,and transforms the unified renewal into the dual renewal mode,which forms a unique renewal system.On the individual level,this system provides legal basis for the owner to continue to use residential construction land legally after the expiration of the term.At the social level,this system is conducive to the maintenance of social stability and harmony after the expiration of the residence.At the national level,automatic renewal is not only beneficial to save administrative resources,but also beneficial to the protection of private rights,and conforms to the concept of social development for the people.There is no doubt that the automatic renewal system is of great significance to the people of China,but at present,the property law is not perfect in this system,only in the 149 th general mention of automatic renewal system,the lack of automatic renewal conditions,the scope of the object,whether the charges,the duration of the procedure,such as the procedures for the explicit provisions.In this respect,the theoretical circle of controversy,the practice of public opinion endlessly.With the passage of time,the right to use land for residential construction will eventually expire,the conflict between the use of land use and housing will further aggravate the social and economic development and damage the property rights of the owners.Therefore,perfecting the automatic renewal system is not only the need of social development,but also the homeopathy of perfecting our legislation technology.This article takes "the Interest Measurement theory" as the angle of view,comprehensively considers the government and the housing owner two parties ' interests,under our country present legal and the policy frame,explores solves the construction land use right period expiration the "automatic renewal" question way.The object scope of automatic renewal is defined according to the actual use,in exceptional cases,in accordance with the contract or the control of detailed planning to determine,renewal of the remaining housing as a prerequisite,if the premise is lost,there is no need for renewal;adhere to the housing value of the remaining residence for the renewal period,the flexible renewal payment mechanism,To the owner of the remaining housing for the intended purpose as the basis for payment,if the housing expected to live,can be a free renewal.If the housing is expected to be used for business,the owner of the House will be given the right of choice on a paid basis,and it may choose to pay at the expiration of the land transfer at the end of the lease,or in accordance with the land transfer payment at the time of business use.