Research On The Legal Issues Of The Renewal Of Leasing Residential Construction Land Use Right

The Property Law makes different provisions about residential construction land use right and non-residential land use right.The provision of the right to use construction land of state-owned shall be renewed automatically after expiration is of great significance to protect the rights and interests of citizens,refrain from the repossession of houses without compensation because of not application.In actually,as a result of the legal provisions is too much principle and not specific enough,there are different approaches to renewal and some questions to ponder: The duration and number of times of the renewal,if there is a time limit for renewal;the renewal belongs to gratuitous renewal or bargained renewal,How to determine the charging standard of renewal,etc.The renewal of leasing residential construction land use right is not only a legal issue,but also the issue of the national economy and the people's livelihood.The first part is the introduction of the article,the second part is a current research to the renewal of leasing residential construction land use right,is the base of this thesis.Through analyzing the present situation of legislation in our country,the leasing residential construction land use right in our country at present laws that are unclear,incomplete,among them,the Property Law of the 149 th regulation have no time limit or cost of the renewal problem,other laws on the renewal of the period,charges,conditions and procedures provisions conflict with each other.Summarized the practice of Qingdao,Shenzhen,Wenzhou and other places,experiences,the current practice of land housing construction renewal practices are differents,but the center of the solution is administrative departments solve the problem according to the actual situation,then adjust it after being introduced in related legal arrangements,but it can't give the related department to make legal arrangements or barriers.The third part is an analyse of the renewal period and charge problems of the renewal of leasing residential construction land use right.At present,the two viewpoints of scholars on the renewal term are limited and unlimited.Unlimited leasing residential construction land use right in addition to meet the demand of living,it also makes the right of use house sites and the leasing residential construction land use right for the same kind of superficies,on the basis of land public ownership,realized the unification of the nature of the residential land ownership;About the limited leasing residential construction land use right,including the renewal of the same period as the previous land use term,renewal the leasing residentialconstruction land use rightto 70 years,and renewal separately after the expiration of the period,etc.About whether the leasing residential construction land use right needs to pay,there are two controversial views,the point of free renewal does not need to pay fees,also do not need to dealt again with the real estate registration and automatically continue to legal use of land.The charging standard of the renewal is mainly the standard of land transfer and the reference standard of indemnificatory housing.The forth part are solutions about the two problems.There are two suggestions about the period of the renewal of leasing residential construction land use right,including: firstly,the renewal should in condition of the survival of the building,the property rights losts as soon as the house verlies,if not rebuild,it shall be regarded as the owner give up the leasing residential construction land use right,then it can not to be renewed;secondly,the reasonable renewal term should be the security service life of the building,in this way,the author thinks it solved the problem of different construction conditions of different period of the land use rights,at the same time,it uniformed the renewal term standard again,both fully protect the value of the building,and reflect the equal protection of collective land ownership,the ownership of the house and the construction land use right,to prevent the public rights and private rights infringe each other.About the charging issues,by analyzing,the author gives the advice of bargained renewal,use the real estate tax instead of the renewal fee,and we should strictly distinguish mixed housing and living change of commercial housing,it applies to different rules of renewal.