Research On The Issue Of The Renewal Of Urban Residential Construction Land Use Right

The regulation about automatic renewal of the urban residential construction land use right in Property Law protects civil's right of property from the legislation aspect,which lets them do not worry about their house will be recovered by the state any more when the land use right expires.However,in practice,we find this provision is not that effective,for some specific issues are not clearly defined,such as who is responsible for the authority of automatic renewal? How long is the automatic renewal period ? how often should the renewal be made? whether there is a charge of the automatic renewal? what is the reference standards of automatic renewal? which sector is responsible for the supervision? and what's the legal impact of the automatic renewal? All of these questions have caused great troubles for the government and the public's life,so we should not concess on this issue unless the relevant rules have been made.This article is divided into four parts: The first part is an overview of the use right of urban residential construction land,including its concept,characteristics and its comparison with the surface right;the second part is about the existing problems of urban housing construction,including the relevant provisions of the term system,the prevalence problem of the provisions,as well as some problems of this kind in part of the pilot provinces and cities;the third part is about some experiences of land use rights renewal system of overseas countries and regions,including the surface right systems of Germany,Japan,Hong Kong,Macao and Taiwan regions,which can contribute some insights to our country.The fourth part is about how to solve the problem of the urban residential construction land use rights in China,consisting of explicating the basic rights of the house owner,dividing the automatic renewal object,extending the validity in a paid manner,and improving the relevant systems.