The Legal Study On The Automatic Renewal Of The Right To Use The Residential Land

The 149th article of the "property law of the People's Republic of China" stipulates that "the expiry of the period of the right to use the land for construction land will be renewed automatically." This article shows the national protection of property rights of citizens to citizens do not have to worry about their own homes were recovered in the country after the expiration;however,when the Qingdao Ali District,the old city of Wenzhou automatic renewal of the outbreak,we realized that the "property law" 149th article on "automatic renewal provisions too in general,not only for citizens caused great distress,also has an impact on the work of the law enforcement agencies;the society also set off a discussion of automatic renewal system of residential construction.This paper first introduces the related concept of residential and residential construction land use rights,combing with the formation and development of automatic renewal system of residential construction,and since the founding of the renewal of land system to do some evaluation,and introduces the practice of our country on the "automatic renewal".Secondly,this paper summarizes the problems existing in the current renewal system.First,the scope of automatic renewal is not clear.How to define the residential attributes of buildings such as mixed type,business transformation housing and so on?Two,conditions and the renewal period are not mentioned in the relevant legislation;three,the key is whether you need to pay the price of the automatic renewal problem,at present academia on the issue whether the debate endlessly,pay a certain consideration to social justice,or reduce the people's burden of unpaid renewal?Four,the automatic renewal process is too general at present,and it needs further refinement.Finally,this article introduces the policy of land renewal abroad in order to provide some reference for our country,and then puts forward some suggestions on the automatic renewal.The author believes that the judgment of whether belongs to a piece of land for residential construction,not only to see the land transfer contract,but also the use of the building to discern,"mixed","live to business" and other buildings to use to distinguish between renewal objects;renewal conditions should be taking the building in the premise,should consider building period the loss of life;in addition,should be based on the conditional paid renewal principle in handling without re signed the transfer contract renewal process,renewal fee standards should not be too low.Housing problem is related to thousands of people's welfare.Housing is decided by the people's mind.The state should introduce relevant laws as soon as possible,refine the problem of automatic renewal of housing construction right,so as to stabilize the people's heart and maintain social stability.