Research On The Automatic Renewal Of The Usage Rights Of Residential Construction Land

Article 149,paragraph 1,of Property Law of the People's Republic of China provides,"The Usage Rights of Residential construction land shall be renewed automatically if it expires in the period",which embodies the will of the law to protect the rights and interests of the people living in the country.However,the newly proposed renewal rule relies mainly on the more general provisions of this article and cannot give a clear guideline on the series of issues that need to be faced when specific rules apply.With the expiration of the usage right of residential construction land,which has been handed over for a short period of time,the accurate understanding and detailed design of automatic renewal rule become more and more urgent.Based on this topic,this article sorts out and expounds the expiry of the term of the usage right of residential construction land,and on this basis,combined with the existing research,China's national conditions,relevant laws and regulations and industry technical specifications,the idea of further construction of automatic renewal rules are put forward.This article is divided into four parts in addition to the introduction and the epilogue.The first part mainly discusses the provisions related to the renewal arrangement of the usage rights of residential construction land.The renewal rules of the land-use right of our country have undergone progressive development.The purpose of establishing the automatic renewal rule for the expiry of the term of the usage rights of residential construction land is to meet the needs of the people,to solve the concerns of the people,and to support the people.The innovation of the new rule is mainly reflected on the renewal procedure.The basic connotation is that the right holder no longer needs to apply to extend the term of the usage rights of construction land.At the same time,the new rule also imposes higher requirements on land rights registration.Legislators set aside space for the concept of the law when formulating the rule,but the ambiguity of the specific renewal method restricts the function of the provision of clauses.The identification of renewal object,the construction of renewal fee rules and term rules are issues that deserve attention in further exploration.The second part mainly discusses the definition of residential construction land in the sense of Property Law of the People's Republic of China.First of all,the most common residential district in the city to carry on the concrete corresponding analysis.With reference to the scope of residential land,with the purpose of legislation,it is concluded that the public service facilities,roads and green spaces within the district should belong to the category of residential construction land.Secondly,in the context of the more complex land use in China,the standard of land use for residential construction is sought in reality.Combining with the analysis of off-standard residential apartments and residential ground floor shops,the paper draws the conclusion that priority is given to the nature of the parcel and then the nature of the housing is identified.Finally,to explore the impact of the existence of the houses on the automatic renewal of the rules,that is,on the other hand,the definition of residential construction land.It argues from the essential meaning of "walking with the house" and the original intention of setting the land use right system that the loss of residential buildings cannot block the automatic renewal of the usage right of residential construction land.The third part mainly discusses the fee rules of automatic renewal.Out of the positive and negative thinking under the dichotomy of "Paid-Unpaid",this paper sorts out the existing relevant views from the perspective of "whether the obligees should bear the corresponding consideration".The commentators who hold the view that "there is a consideration for renewal" occupy the majority,and it is not contradictory between choosing to have the renewal in the model where the right holder must give some consideration and responding to people's livelihood appeal.The price rules of automatic renewal should be focused on more than whether to pay for the details of this one.For the renewal consideration charged in the name,it should be fee and should not be tax.For the renewal fee standard,the principle of low-price renewal should be adopted as well as some distinction criteria.For the payment method,the space for the renewal subject to choose according to its own needs and abilities should be given.For the case of failure to pay in time,the automatic renewal will not be affected,but the transfer and mortgage of the relevant houses are limited.The fourth part mainly discusses the term rules of automatic renewal.In determining the renewal of the deadline program of the usage rights of residential construction land,these factors should be considered that the right to use construction land is a kind of usufructuary right with time limit,the statutory maximum period for the first sale cannot be fully regarded as science,the non-normal progress below 70 years is not just an isolated case and the number of houses in our country is huge.Renewal in terms of years,but without a specific renewal ceiling,this "to time" renewal idea,taking into account the above factors,can break through the limitations of the fixed-term renewal model.Besides,the theories as to the renewal of superficies in an uncertain deadline in the civil law countries can provide support for the idea,and the experiences of collecting the annual rents of the HKSAR and the United Kingdom can be used for reference.In this renewal mode,it should be accompanied by the corresponding land use rights eviction system.