Research On “automatic Renewal” Of The Right To Use Residential Construction Land

In 2007,China 's "Property Law" promulgated and implemented,through the"residential" and "non-residential" two-point legislation for the first time put forward the "residential construction land use right" concept,embodies the "property law" to protect the people 's housing rights.At the same time,Article 149 of the Property Law stipulates that "when the residential construction land use right expires,it will be renewed automatically",but the specific rules of "automatic renewal" was left as a legislative blank.This article aims to discuss the apply conditions,statutory interpretation and system design about the "automatic renewal" clause.First of all,from the legislation and policy changes of the land use right and its renewal,through different periods of China's laws and regulations and national policies on the land use rights,summed up the historical development of the context.At the same time,this paper compares the use right of residential construction land with the relevant land rights term system such as land right and leasing system,so as to draw lessons from the renewal model of residential construction land use right to China.This paper also demonstrates the reasonability and limitation of automatic renewal.This article then presents the "automatic renewal" clause and the "city real estate management law" and other laws and regulations of the legal order and the use of relations,then comes to the conclusion that the "automatic renewal" clause in'Property Law" should be the priority of the application.At the same time,this paper attempts to explain the legal meaning of the "automatic renewal" clause in various ways of legal hermeneutics,and draws the conclusion that automatic renewal does not require application but may require fee.The last chapter of this paper explores the different modes of "automatic renewal" under the concept of legal behavior and factual behavior,and compares the advantages and disadvantages of the two models,and finally draws the conclusion,That is,the "automatic renewal" of the right to use residential construction land should apply the factual behavior pattern.In the case of factual behavior,the specific rules of automatic renewal are discussed.It is suggested that "automatic renewal"should implement the ladder-type optional fee system If the fee is not paid,the right of residence can not be hindered,but it can be done by restricting the transaction The times and duration of renewal shall be limited to one time and 70 years;the limited registration shall take effect as the real right changes;if the owner of the house gave a definite give up of renewal,he or she can through the way of consensus with the owner of land at a reasonable price for house ownership;"Automatic renewal"normative expression should be through the usufructuary right into the civil code,the land administration law should be modified accordingly.Residential automatic renewal of the right to use construction land system to set up the principle is the guarantee of home ownership,the ultimate goal is to realize the balance between all interests,promoting the orderly and stable development of society.