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

The renewal of the right to use residential construction land is related to the effective protection of the right to use urban state-owned land and the sound and stable operation of the real estate market.It is the key link to speed up the modernization and scientific process of China's land-related legal system.In March 2016,Wenzhou City,Zhejiang Province,the "20-year high renewal of land use right expiration" event caused academic circles to attach great importance to and discuss the renewal of land use right for residential construction.In the laws that have been promulgated in our country,the basic framework with the core of the Constitution,the Land Management Law,the Property Law,the Urban Real Estate Management Law and the Interim Regulations on the Transfer and Transfer of the Right to Use State-owned Land in Cities and Towns has been initially formed,and the relevant issues such as the duration of land use and the mode of renewal of the right to use residential construction land have been stipulated,such as the State-owned Land in Cities and Towns.The Interim Regulations on the Assignment and Transfer of the Right to Use stipulate that the life of the residential land shall be 70 years from the date of acquisition of the land,and the Property Law stipulates that the term of the right to use residential construction land may be renewed automatically upon expiration.However,judging from the current situation of judicial practice,although the legislature of our country attaches great importance to the issue of the right to use residential construction land and its renewal,the conditions,types,costs,duration and other factors of renewal have not been fully taken into account.There are conflicts between some laws and regulations on the right to use residential construction land,which makes it difficult to provide effective guidance for the practical work of relevant departments.In view of this,based on the legal interpretation of the automatic renewal of the right to use residential construction land,this paper defines the relevant concepts of the right to use residential construction land and its automatic renewal.Starting from the analysis of the current legal texts and legal logic of the automatic renewal of the right to use residential construction land,and combining the practice of renewal modes in Shenzhen,Qingdao and Wenzhou,this paper reveals the right to use residential construction land.There are some problems in the automatic renewal laws and regulations,such as unclear scope of application,unclear conditions and terms of automatic renewal,whether automatic renewal should be paid or not,and unclear procedures for automatic renewal.This paper analyses the deep reasons for conflicts of different renewal rules,lack of legislation on automatic renewal and unclear provisions on renewal subjects,and draws lessons from German and Japanese territorial rights.On the basis of regulations and the experience of UK's lease-granting regulations,it is clear that the automatic renewal of the right to use residential construction land should follow three basic principles:balance of economic interests,conformity of public order and good customs,and balance of public and private rights.It is proposed that the scope of application of the automatic renewal should be established,the conditions and duration of the automatic renewal should be defined,the mode of paid automatic renewal should be optimized,and the procedures for automatic renewal should be improved and refined.The penalty rules and regulations for the renewal of the right to use residential construction land and other specific contents of improving the laws and regulations for the automatic renewal of the right to use residential construction land,as well as the safeguard measures for perfecting the laws and regulations for the automatic renewal of the right to use residential construction land,such as standardizing the mode of administrative law enforcement,improving citizens' legal awareness and perfecting the relevant regulations for real estate tax.