The Improvement Of The Automatic Renewal Rules Of The Right To The Use Of Land For Construction Of Residences

With the occurrence of “crash” events in cities such as Wenzhou and Qingdao,how to renew the right to the use of land for construction of residences has once again become a hotly debated topic in the society.Because paragraph 1 of Article 149 of “Property Law of the People's Republic of China”(hereinafter referred to as the “Property Law”)has only "automatic renewal" about how to renew the right to the use of land for construction of residences,and after the promulgation of the Property Law,other laws requiring the application for renewal rules have been revised.Now people are not only controversial about whether people need to pay for the automatic renewal rules,how much people need to pay,and how long the automatic renewal period should be,but also controversial about whether the automatic renewal rules are valid,whether the automatic renewal rules need to be fully improved.In order to solve these problems,I write this article.The article mainly includes four parts expect the introduction:The first part is the reason we need to improve the automatic renewal rules.In this part,by comparing the efficiency level of the "Urban Real Estate Management Law of the People's Republic of China”(hereinafter referred to as the “Urban Real Estate Management Law”)with that of the "Property Law",and analyzing the applicable condition of the application for renewal rules ' contents.I think when the term of the right to the use of land for construction of residences expires,only the automatic renewal rules can apply,the research on the automatic renewal rules is full of practical significances.By finding the true meaning of "automatic renewal" and explaining the benefits of solving the renewal problem of the "long-term" right to the use of land for construction of residences.I think all problem about the automatic renewal rules,including whether or not people need to pay for the automatic renewal rules and the renewal problem of the "long-term" right to the use of land for construction of residences,need to be studied,and it is necessary to improve the automatic renewal rules.The second part is the summary of the controversial views on the improvement of the automatic renewal rules.In order to make my opinion more perfect,I made a comprehensive summary of the views on the improvement of the automatic renewal rules.This summary not only involves the following disputes: whether we need to pay for the automatic renewal rules,how long the auto-renewal period will be,how we need to pay for the renewal fees and what we will face if we do not pay for the renewal fees.Also involves how to renew the "short-term" right to the use of land for construction of residences and whether the following buildings correspond to the right to the use of land for construction can be automatically renewed: the surrounding facilities of the house,the " relocation to commercial house ",and the " commercial and residential integrated house ".The third part is the positions we should insist on when improving the automatic renewal rules.Because the automatic renewal rules are related to many legal rules and affect many people's interests,I think we should improve the automatic renewal rules from multiple angles,instead of just using one theory.When improving the automatic renewal rules,we not only should insist that land in the cities belongs to the State and respond to the national housing security obligations in the rules,but also should balance the interests of different groups in order to achieve fairness;although the reasonable will of people should be reflected in the automatic renewal rules,people's right to negotiate choices need not be preserved.Because there are many differences between the improvement of the automatic renewal rules and the levy of real estate taxes,the problem about whether people need to pay for the automatic renewal rules should be solved independently.The reconciliation of renewal fees and real estate taxes can be handled after the real estate tax collection rules is clear.The fourth part is my opinions on the improvement of the automatic renewal rules.By learning from the opinions of others and using the aforesaid positions,I proposed my own opinions.For the issue of the object of application of the automatic renewal rules,I think on the whole,the object of application of the automatic renewal rules should be expanded.The right to the use of land for construction corresponding to the surrounding facilities of the houses and the " relocation to commercial house " should be automatically renewed.However,whether the right to the use of land for construction corresponding to the “commercial and residential integrated house” can be automatically renewed,should be judged by the initial registration of the house.For the issue of whether we need pay for the automatic renewal rules and how long the automatic renewal period should be.I think that the free permanent renewal plan and the after one-time payment of all of the fees permanent renewal plan will damage the national ownership of urban land,so they are not desirable.In other plans,the renewal plan that is paid and uses the years of safe use of house as the renewal period is more reasonable and should be adopted.For the issue of how to pay renewal fees,I think differentiating treatment should be carried out,and the difference should be based on whether the areas of house exceeds the average housing areas of urban households.For the areas of the house does not exceed the average housing areas of urban households,the rights to the use of land for construction of residences corresponding to them should only be received the nominal renewal fees.For the areas of the house have exceed the average housing areas of urban households,the rights to the use of land for construction of residences corresponding to them should be charged at land appraisal price.For the issue of what we will face if we do not pay for the renewal fees,I think that the law should provide that before the full fees are paid up,the right to the use of land for construction of residences and house must not be transferred or mortgaged,and the late payment fees must be paid.Under certain conditions,the government should be allowed to auction the house and the right to the use of land for construction of residences to pay renewal fees.For the issue of how to renew the "short-term" right to the use of land for construction of residences,I think that it is fairer to adopt the plan that is paid and agrees to be renewed for the first time to seventy years.The renewal fees should be charged in the year and be charged on the basis of the land transfer fee when the right to the use of land for construction of residences is established.