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

Housing is of great importance to the people,and the construction of houses needs to be attached to land.According to China's Provisional Regulations on the Assignment and Transfer of the Right to the Use of State-owned Land in Cities and Towns,the maximum term for the assignment of the right to the use of land in China is 70 years,and it has not yet expired.However,in some places,the right to use residential land for construction within a period of 20 or 30 years has expired.The problem of "collision limit" has caused widespread concern among the people,and it is urgent to study and solve this problem.Although the 149th article of the existing property law of China stipulates the automatic renewal of the expiry of the "right to the use of residential construction land".However,it is not clear about the conditions,time limit,whether it is paid,the scope of application,the way of ownership and the ownership of buildings on the ground after the expiration.This thesis starts from the rules without one automatic renewal problems of domestic residential construction land use right of renewal,the comparison of several representative viewpoints and made a comb.Then it point out the dissension between different schools oh the rules of renewal.And the thesis learns from the renewal of right of use of Britain,Germany and Japan on residential construction land disposal methods and use the experience and practice of local government in China.At last,it use semantic analysis,logical analysis and comparative research method research method of related theories comprehensively to discuss the concrete suggestions on improve the system renewal of residential construction land use rights.On the macro level,the author thinks that it should be based on the national conditions of our country,take into consideration the legal principle,the people's emotion and the social situation,give full play to the value of the real estate,and pay attention to the protection of the interests of the people of the use rights of the residential construction land,and respect the autonomy of the rights holders.At the micro level,the conditions for renewal is the housing that has always embodied the function of residence.People extend the right of use residential construction land through a renewal period of*years(the remaining life of housing is determined between-70 years).Renewal should be paid,and the fee standard should consider "occupied" and "minimum living area".Obviously,the excess progressive renewal payment system is compatible with China's national conditions.It not only meet people's psychological expectations,protect people's right of residence,and regulate the real estate needs of different income groups,maintain social fairness and justice.The system also should take into account the number of housing and the area of housing and differentiate the housing use to differentiate charges.At the end of the article,some relative terms are clearly defined,such as,the scope of renewal,the renewal of the mixed land,the way of renewal and the attribution of the buildings on the ground.Of course,all these ideas depend on the national network of real estate registration system which can achieve through using the network resources fully.