Research On The Issues Of The Automatic Renewal Of Residential Construction Land Use Right

The property law passed in 2007,article 149 of these detailed focus on the question of renewal,especially for residential construction land use rights,the rules are as follows: "the residence of the right to use construction land expires,automatic renewal." As a result,residential land system of automatic renewal and nonresidential apart from the application for renewal of the land.The meaning of residential land carrying a lot,not only about the growth of the national economy,but also the foundation of the masses of people to live and work in peace and contentment.Make residential land automatic renewal can better promote and maintain social stability and harmony.As local land expiration case happened,but this provision is not applied in practice as scheduled,pursue the reason lies in the provision of generality,do not have practical possibility.This article mainly from the residential land automatic renewal system in practice is insufficient analysis and put forward corresponding countermeasures.Besides the introduction,this article includes four parts:The first chapter for residential land overview part of the automatic renewal.First this paper introduces the concept of the right to use construction land,the relationship between timeliness and renewal,puts forward that the timing of the rights and the contradiction of the ownership of the house;And will mainly discuss the connotation of the system of automatic renewal and the legal characteristics,Finally will summarize the development of the system of automatic renewal of legal and practical significance.The second chapter for residential land renewal case study analysis.This chapter is mainly from Shenzhen,Qingdao,Wenzhou three places in the face of the way to cope with the residential land renewal,treatment method of comparative analysis,discusses its legitimacy and rationality,to find problems from the case.The third chapter for residential land renewal problem summary and analysis.This chapter summarizes the residential land renewal in the law and the problems existing in the practice.Including the different period of residential land renewal processing,automatic renewal have free choice,renewal of terms,conditions and ways of arrangement.The fourth chapter the author summarizes the residential land renewal problems,combined with the thinking and puts forward relevant views and Suggestions.1,clear the basic principle of the automatic renewal,contains the interests balance,efficient,convenient,and the principles of sustainable development.2,need to have a clear system of automatic renewal of legislative subjects arrangement,by the National People's Congress and the standing committee of the legislation or legislative explanation,and the state council and relevant departments can cooperate with research and advice.3,to define the scope of application of automatic renewal,including the different period of land and complex use of the land.4,about the automatic renewal fee,for moderate compensation fee for the principle and exemption of the exception,juggle financial interests and people's rights to live.5,about the conditions of the automatic renewal,based on the existence of the building,and renewed automatically on the way to combine the combination of the current Internet and government affairs.