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

In April 2016,the expiry of the expiration of the term of the right to use the residential construction land in Wenzhou caused the widespread concern of the society.The root of this problem is that there is an irreconcilable contradiction between citizens' permanent ownership of buildings on residential construction land and the limitation of the right to use residential building land."Property law" article 149 th in the legislation for the first time the distinction between residential construction land use rights and non residential construction land use rights system renewal,the provisions of residential construction land use rights system for automatic renewal,but on whether or not paid for renewal,the renewal and the renewal period have unlimited number of problems without restriction to an evasive attitude.The final solution of the renewal of the right to use the land for residential construction still depends on the legislative level.This article from the land use rights have limits on the use of legislative history to compare the "constitution" of the "land management law" "urban state-owned land use right transfer and transfer of the Provisional Regulations "," City real estate management law " and " property law ",to summarize its evolution rule.Combined with the practice of the right to use residential renewal construction in China Shenzhen,Wenzhou,Qingdao and three more representative of the land,that residential construction land use right system of automatic renewal of vague renewal is not clear,whether paid renewal limit is not clear and the renewal number is not clear on the legislation and law the scope is not clear,there is no renewal program requirements are not clear and the renewal is not clear vague on the law applicable to problems.From the respect of party autonomy,the buildings on the ground there is the premise and a restriction of the fee for renewal of residential construction improve the idea of automatic renewal of land use rights,The solution includes the application of renewal system of the right to use construction land,in order to form civil residential property protected,good and long expected situation.