The Study On The Renewal Of The Right To Use Residential Buildings——from The Constitutional Perspective

The renewal of the right to use the residential construction land is a fundamental problem related to our country's basic land system and citizens'basic rights.It's because of its complexity that China's "Property Law" is vaguely treated with the word "automatic renewal" with a view to further study and then make the appropriate provisions.This avoidance approach caused by the local government in the face of this problem makes the practice controversial.The first chapter of this paper first explains the concept and nature of the right to use residential construction land.That is to find out the specificity of the right to use residential building land relative to other construction land use rights.By further combing the legislative evolution of the term system,it can be found that this kind of security characteristic is more and more prominent in the relevant renewal system.This means that the renewal system of the right to use the residential construction land in the future must pay more attention to the protection of the basic rights of citizens.In the second chapter,through the analysis of the legal provisions and the analysis of the state-owned land of China's urban land,combined with the protection of the private property rights by the constitution and the characteristics of their own social restrictions,this paper,in view of the controversy about whether the renewal of the right to use the residential construction land in practice is paid,deciding to adopt the view that compensation to the principle while free as an exception.Specifically,the authority delineates the basic living area of the citizens,within the scope of free renewal,beyond the basic living range is compensated for renewal.This paper draws the conclusion of low rate renewal from the lessons of the current land leasing model in HK and the lessons from the current situation of high housing prices with the experience of property tax pilot in China.On this basis,taking the advantages of tax into account,this paper designs a initial progaram that citizens pay the land use tax to renew the use rights to residential construction land.Improving the entire renewal program can not be separated from the study of the number and the duration of renewals.In the forth chapter,by analyzing the nature of the use right to the residential construction land and studying the legislative intention of the"automatic renewal" system,the author obtains the conclusion that the renewal period should not be too many times and the term of renewal is limited to the safe use of housing.With regard to the legal consequences of the expiration of the term,China should learn from the practice of civil law countries to balance the interests of housing owners and land users.This means when the renewal term of the right to use the residential land ends,the housing owners should be given some compensation.Since the renewal of the right to use the residential construction land involves broad interests and basic rights,the NPC or its Standing Committee should develop specific rules.Prior to this,the local government can not hastily introduce the relevant policies to avoid violating civil rights.