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

Article 13 of the Constitution of the People's Republic of China provides for the protection of the legitimate private property of the citizens and the fact that the legitimate private property of the citizens is inviolable.Article 64 of the Property Law also stipulates that the citizens' houses belong to the private property of the citizens,and that citizens enjoy ownership of the houses and are permanent rights.However,the ownership of residential land used by citizens in the ownership of residential land in accordance with the "Property Law" provides a maximum of only 70 years,expired and how to do? With the development of the economy and the expiration of the right of use of residential construction land in some cities(such as Wenzhou,the old city of Wenzhou),it has aroused widespread concern in the horizon,and it has been widely discussed in Tianya,Sina,Phoenix and local forums.The And similar problems,as early as a few years ago has appeared in Qingdao City,Shandong Province and Guangdong Province,Shenzhen City.In Qingdao and Shenzhen housing expiration of the situation,the local government and relevant agencies to take measures to delay or fuzzy rhetoric,especially in Shenzhen,where the solution was created for future generations joking "Shenzhen model." So that the property in Wenzhou property expired,the relevant officials in a reporter's question made when the exploratory answer was erroneously transmitted,resulting in a very poor social impact.More media will be three or unresolved,or ambiguous events to sort out,issued a similar "70 years expired how to do" "spend a lot of money to rent a house," the news,a moment,public outcry people panic.Since ancient times,the house is the root of the Chinese people,not only to protect the needs of life necessities,but also the most important wealth.This is not just a legal issue,it is a matter of social harmony with the people's livelihood.Whether the people's rights and interests can be protected,whether the land can be effectively utilized,whether the economy can develop healthily,whether the society can be harmonious and stable,and the solution of the problem is imminent.The study of this problem has certain practical significance."Property law" fuzzy and avoidance of the provisions of the "automatic renewal" to have to solve the moment,automatic renewal is not unconditional renewal?Renewal fee,how to accept,what standard to receive? How long can I continue to renew the same period of time? Over the "property law",there are only a few words for the expiration of property rights,fuzzy rules make the government and the people in the reality of the problem before the confusion,the majesty of the law seems to have been challenged.Therefore,the study of this problem also has some theoretical significance.This paper is divided into three parts to elaborate.The first part is the definition and renewal of the right to use residential construction land.China's construction land use right is divided into residential construction land use rights and non-residential construction land use rights,this article is only for residential construction land use rights to discuss.The right to use residential construction land is different from that of other users' property rights,and the owner of the right to use the land use right is different from that of the owner of the land use right.At present,the question of the renewal of the right to use residential construction land in the legislation only "property law" of the "automatic renewal" of the word,in practice has caused a lot of problems,residential renewal is not resolved,the citizens of the property rights difficult to be protected TheThe second part is the existence of the renewal system of the right to use residential construction land.The renewal of the right to use the residential construction land will focus on the scope of the renewal system,whether it will be applied for renewal,renewal,renewal and safety of housing.Based on the original intention of legislation,renewal system should not be applied to commercial and residential and welfare housing,automatic renewal should not be achieved through the application.Whether the renewal of fees to pay,sparked a heated debate,around the charges and fees or not lead to debate,the renewal of the time the issue of scholars have their own views.Therefore,the housing construction land use right renewal system is not a simple problem,but involves the time,cost,way and other aspects of the problem.The third part is the improvement proposal of the renewal system of the right to use the residential construction land.The scope of application of a clear renewal system,the commercial and residential use excluded.That automatic renewal without application,both the intention of the legislator,but also "automatic renewal" of the correct interpretation of the four words.For a period of less than 70 years of housing renewal,the proposed number of renewals twice,the first renewal free of charge continued to 70 years,the second renewal in accordance with the actual situation of housing to set a longer period of time and charge a fee;Year housing renewal,the proposed number of renewals for a time,in accordance with the actual situation of housing to set a longer period and charge a fee.If the fee for the renewal is recommended,the renewal fee should not be too high.Charges are recommended based on per capita residential area,the number of housing in these two ways to determine the flexibility.And proposed to do a good job in housing security assessment work to ensure the safe use of housing.