The Research On The Right To Use The Land For Residential Construction

The right to use the land for residential construction is derived from the provisions of the Property Law.Because of the specific functions of the load,it has characteristics different from the general usufructuary right.The system of land use rights for residential construction changes with the urban land system,and the evolution of its policies can be divided into three stages in chronological order.Each stages affect each other but not coherent.The controversy over the renewal of the right to use residential construction land is concentrated in the two aspects of whether the renewal is paid and whether the renewal is permanent.Paid and non-permanently use the nature of the usufructuary right to substantiate its views.Free and permanently endorse the value of the relevant system construction to support its views.Besides the levels of discussion,there are no differences in the nature.The resolution of the renewal issue should be carried out on three levels.In terms of the application of legal norms,the provisions of the Property Law should be prioritized,exclusive,and retroactive;through the interpretation of the provisions of the Property Law,the conclusions of free renewal and permanent renewal can be drawn;according to historical background,before and after the deliberation,the logical connection between the internal laws of the Constitution,the connection between the Constitution and other legal norms in the land expropriation system,and the basic jurisprudence,in the constitutional sense,the"state ownership" of urban land is not in the real sense,but should be 1 nominal,unpaid and permanent renewals are consistent with this basic thrust.In order to achieve ownership by the whole people,achieve social equity and balance of interests and link with future policies,the renewal of the right to use residential construction land should be based on unpaid and permanent principles.At the same time,the realization of the basic principles must be accompanied by certain conditions:the land with a transfer period of less than 70 years shall be repaid with the corresponding fees;the permanent existence of the rights shall be premised on the existence of the building,and the right of the beneficial owner shall be granted to rebuild the house.