Study On The Rules Of Automatic Renewal Of Residential Construction Land Use Right

Article 149th of the Real right Law only stipulates that the right to use residential construction land may be automatically renewed,but it takes an evasive attitude towards the renewal period,whether the renewal fee is charged and how to charge it.Leaving a legal gap.On April 2016,the renewal of the right to use residential construction land in Wenzhou broke out,drawing the attention of the whole society.In view of this incident,The Ministry of Land and Resources specifically issued a "two normal" transitional measures in response to the letter.On end of 2016,The CPC Central Committee and the State Council also issued"opinions on perfecting the property right Protection system to protect property Rights according to Law." in early 2017,Premier Li Keqiang addressed the issue of renewal of the right to use homestead for 70 years during the two sessions.It is emphasized once again that the State Council has ordered the relevant departments to put forward a bill on the protection of immovable property as soon as possible.At present,at the same time as China is stepping up the formulation of the Civil Code,it provides the best opportunity for revising the property Law.The legislature should take advantage of this opportunity to make up for the great regret left by Article 149th of the Real right Law.In addition to the introduction and conclusion,this paper is divided into three parts,the main content is as follows:The first part mainly introduces the general cognition of the rules of automatic renewal of the right to use residential construction land,including the origin of the term system of the right to use residential construction land,The issue of renewal rules of residential construction land use right and the urgency of perfecting the renewal rules of residential construction land use right are put forward,and a general description of the automatic renewal rules of residential construction land use right is made.In the second part,the problems existing in the rules of automatic renewal of the right to use residential construction land in China are analyzed from the macro level and the micro level,respectively.This paper focuses on the analysis of three main problems in the rules of renewal of the right to use residential construction land in China.The first aspect is that Article 149th of China's Real right Law only stipulates that the right to use residential land can be automatically renewed after the expiration of the right to use it.Provided that the period within which that provision shall be renewed,The second aspect is that there are differences in the application of the law between the Real right Law and the Urban Real Estate Management Law.The third aspect is the same name.Heterogeneous renewal of land use rights.And at the micro level,This paper mainly analyzes the renewal of the right to use residential construction land in our country from two aspects.The first part discusses the connotation of "automatic renewal" from two aspects.This is the precondition to solve the issue of renewal of the right to use homestead.The second aspect is to expound the legal consequences of the renewal period,the renewal fee and the failure of the owner of the homestead to pay the fee on time.The third part puts forward the perfect suggestions for the renewal of the right to use the homestead.First,it is clear that the rules of renewal of the usufruct of the homestead must be followed,including the strict distinction between the heterogeneous land use right of the same name and the automatic renewal of the right to use the land.The rules of automatic renewal should embody substantive fairness and should be guided by the formation of permanent protection of citizens' right to housing.Second,the number of renewal of the right to use homestead shall not be limited to once,and the period of renewal shall be set for 70 years.Third,Based on the balance between national interest and people's interest,the legal consequences of non-payment of the right to use homestead at the end of the renewal period are stipulated by reference to the calculation method of renewal fee in Hong Kong.