Legislation Research On Automatic Renewal Of Residential Construction Land Use Right

With the development of the economy and the acceleration of urbanization,land resources are becoming increasingly scarce.It is an inevitable choice to pay attention to the use value of land development to alleviate conflicts.This has led to an increase on land prices,which has had a large impact on the real estate development industry.It also led to the rise of commodity housing prices,with the burden and pressure on people to buy houses.Therefore,how to protect the right to housing and the right to use land for residential construction has become a livelihood issue that we must attach importance to.The automatic renewal rule was stipulated in the 149 th articles of the Property Law.This makes the most of owners no longer worry that after the expiration of the right to use residential construction land,the house will be repossessed by the state for free.However,in practice,the renewal rules after the expiration of the right to use residential construction land are not clear enough in law,and it is difficult to operate in practice,which has caused controversy and discussion among the general public and many scholars.While leaving more room and possibility for solving problems in the future,this kind of intentional legislative space has also brought some obstacles to the operation in practice.At present,with the expiration of the right to use residential construction land is approaching,it is more urgent to solve this problem.In order to meet the needs of the stable development of our country's society and economy and there are laws to refer of the right to use residential construction land,we should put on the agenda the relevant laws that make the rules of automatic renewal of the right to use residential construction land.This paper first defines the concept of the right to use residential construction land,then explains the relevant theoretical basis.After this,combining the views of many scholars on this issue,the author analyzes the difficulties and obstacles we are facing.Based on the above problems,this paper puts forward legislative suggestions on the automatic renewal of the right to use residential construction land from three aspects.They are the revision of the property Law,the formulation of special administrative regulations and the supplement and perfection of local laws and regulations.And then puts forward some suggestions on the construction of specific rules for the automatic renewal of the right to use residential construction land.The first part is the interpretation of the basic theory about the automatic renewal of the right to use residential construction land.Firstly,the definition of the right to use residentialconstruction land is defined,and its basic legal characteristics are analyzed.In addition,by using the method of historical analysis,this paper combs the legal provisions on this issue in China,and shows the development and evolution process of the right to use state-owned land.Then it expounds the theoretical basis of the automatic renewal of the right to use residential construction land from the legal theory level,which lays a foundation for the following analysis of the problems and proposed solutions.The second part,through the summarize the views of many scholars,and combine the obstacles that we will face in the process of the implementation of residential construction land use rights,the author put forward the problems that the automatic renewal rules are facing.And the author also analyzes this issue combined with the legal and the development of the social economic,and then puts forward the basic ideas on these problems.The third part puts forward some suggestions to perfect the legislation of automatic renewal of the right to use residential construction land.Based on the principle of legislation,combined with the specific conditions of our country,and according to the land system and legislative situation of our country,the comprehensive legislative model is established.That is to say,the civil basic legislation on automatic renewal is based on the property Law or Civil Code,and the State Council formulates the regulations on the implementation of automatic Renewal of the right to use Residential Construction Land in order to provide standardization and unity for the automatic renewal in practice.Under the guidance of the second part of this paper,some suggestions on the scope of application,renewal fee,renewal period and renewal procedure are put forward.Finally,local governments are encouraged to formulate local laws and regulations according to the development of local economic.