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

After the founding of The people's republic of China,in order to adapt to the socialist political system,the state reformed the land system and implemented public ownership.It also stipulated that the ownership of the land in the city belongs to the state,and that the state only transferred land use rights.For the transferred land,according to the use of the land,the country has specified different transfer periods.However,regarding how to renew the term of use of urban residential construction land,the “Property Law” in China only provides a general stipulation such as automatic renewal,which leads to the active discussion of the specific procedures for the renewal of residential construction land by all sectors of society.At the same time,the government's earlier transfer of residential land with a shorter period of time has continued,and in particular,the Wenzhou government has renewed the renewal plan for a higher amount of land transfer fees.This has caused a public outcry.This has also become increasingly prominent and the country needs to expeditiously issue the urgency and importance of the renewal plan for residential construction.This paper hopes to analyze the reasons for the formation of the automatic renewal and the analysis of the current controversy in the auto-renewal period.At the same time,it draws lessons from the laws of the civil law system and the countries of the United Kingdom,the United States,and the United States,and stipulates the experience of the land system and combines the actual conditions in China.Situation,try to propose a feasibility renewal plan.This article is divided into five parts for discussion.The first part mainly discusses from the three aspects of legal principle,law application and legal system.In the application of the law of automatic renewal,the "Property Law" has exclusive application and there is no conflict of legal application.The second part mainly analyzes the reasons for the formation of automatic renewal from the perspective of history and legislators.At the same time,it also analyzes the current main dispute points from the perspective of legal interpretation and interpretation logic.The third part mainly analyzes the parity of land renewal term,number of times,cost,and conditions through the laws of the civil law system and the Anglo-American law system countries and regions,and selectively uses the experience of other countries and regions for reference.The fourth part proposes the renewal plan for usability from four aspects: entity conditions,procedures,renewal object,and party rights and obligations.