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

Posted on:2020-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:B FanFull Text:PDF
GTID:2416330575970356Subject:Civil and commercial law
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With the publication of the Civil Code's Real Right Compilation(Draft for Comments),the discussion on the "automatically renewed" system has still increasing.With the approach of time,the expiration of the right to use residential construction land will happen in a skyrocketing way.It is also urgent to solve the problems of whether to renew with compensation,the term of renewal,the way of renewal and the cost of renewal.However,the published draft for comment only provides for "automatically renewed" in principle and does not set out to build a specific legal system.The laws and regulations related to the "automatically renewed" system can no longer provide a strong system guarantee for problem solving,nor can they provide legal basis for relevant departments to solve problems.Therefore,focusing on the above considerations,this paper interprets the legal connotation of the "automatically renewed" system,summarizes the basic principles of system construction,and puts forward a series of suggestions for system improvement.Chapter 1 discusses the past of the automatically renewed system,explores the normative documents of the renewal system in different historical periods of our country,and summarizes the transformation and development context of our country's legislative intent on the issue of automatically renewed.Chapter 2 focuses on the analysis of the legal application rules of the automatically renewed system by comparing the different viewpoints of the legal scholars on the application of the law.Through studying the literature of experts and scholars,we find the advantages and disadvantages of various viewpoints to make up for the loopholes in our own viewpoints and expand the breadth and depth of our own viewpoints.At present,China's laws only stipulate the automatically renewed system,but there is no specific legal system design.The legal disputes over the system mainly include whether to adopt the mode of compensation,the term of renewal,the charging method of renewal fees,and whether the "changing residence into commercial buildings" should be included in the residential category.Chapter 3 discusses the basic position that the automatically renewed system should follow,considering not only legal issues but also social,economic and political issues.On the premise of insisting on public ownership of land,we should protect citizens' living rights and explore the design of an automatically renewed system under the existing legal system through authorization and other means.Chapter 4 is the design of automatically renewed system,which can adopt paid renewal under the premise of fair and reasonable cost setting.The setting of the fee should adopt a double renewal mode.By setting the minimum free renewal area per capita,the residence within the free renewal area does not need to pay the fee,while the residence outside the free renewal area can be designed to pay the fee step by step.In addition,taking into account the settlement of administrative costs,the automatically renewed system should not be implemented by re-signing the landtransfer contract,but can adopt the filing system.After the expiration of the right to use residential construction land,the parties concerned can file it through online and offline channels.This is not only conducive to government management,but also conducive to the publicity of rights,so that the third party can clearly define the term of land ownership.
Keywords/Search Tags:use right of residential construction land, automatically renewed, paid renewal, double renewal mode
PDF Full Text Request
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