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

The right to use construction land for residential use in Wenzhou residential area for 20 years has reached the end of its useful life,and it has attracted the attention of the public.How to renew the period of use of construction land for urban residential use in society Become a hot topic in academic discussion.Article 149 of the Property Law,promulgated in 2007,stipulates that the right to use residential construction land is automatically renewed upon expiration.According to this provision,the state protects the property ownership of the owner of the house from being infringed in legislation,and enjoys the right to automatically extend the period of use of the construction land without requesting a renewal application.However,this regulation cannot withstand careful scrutiny,and it can be found that the specific implementation of Article 149 of the Property Law stipulates how to renew the land use right after the expiration of the land use right is vague.For example,if the right to use the residential construction land is automatically renewed after the expiration of the term,the renewal application still needs to pay the renewal fee,and the number of renewals is not clear.There are still questions about whether the building on the ground is still in its own right.On the issue of how to renew the right to use urban residential land for construction,on November 27,2016,the Central Committee of the Communist Party of China issued a “Provision on Protecting Property Rights in Protecting Property Rights in the System of Protecting Property Rights” at the legal level.It has been referred to as “Opinions”for short.The “Opinions” indicate that the legal arrangements for the subsequent period of land use rights such as residential construction land will be further studied to protect citizens and the housing property rights are stable.On March 15,2017,Premier Li Keqiang also responded to the question of the renewal of the right to use residential construction land,saying that the use of urban residential land use rights expires for 70 years,without the need to renew the relevant state departments.If you apply,you can renew it.Based on the relevant state departments and Premier LiKeqiang's macro-level and authoritative response to the question of how to renew the construction land use right for urban residential use,we should proceed from the perspective of policy construction and maintenance of social management.Micro-in-depth study and analysis of the specific content and practical details of the policy of renewal of residential land use rights.The content of this article is divided into three major blocks.The first part,the first chapter and the second chapter of this paper,firstly introduces the short-term use of special land and the early expiration of land use rights in the two areas of Qingdao Alishan and Wenzhou Lucheng District.The key issue of "automatic renewal" system,and then the relevant provisions of the renewal of the right to use urban residential construction land have been sorted out,and then the basic theory of the renewal of the right to use construction land for residential use as the starting point,the use of history The research method analyzes its historical continuation in legislation,and lays a foundation for analyzing the problems existing in the automatic renewal system and how to solve the existing problems.In the second part,the article uses the third and fourth chapters on the Property Law.The automatic renewal principle has not yet been resolved.The main problems of the right to use the construction construction land to pay the renewal fee and the number of automatic renewal renewals have been demonstrated.Specifically,it summarizes the views of academic scholars on whether or not to automatically renew the residential land after the expiration of the residential land.It also shows that the adoption of the paid renewal system may be more in line with China's land policy for residential use.The term and number of automatic renewal of construction land use rights expires.Scholars have different perspectives in different perspectives.The fourth chapter of this paper also briefly summarizes and then briefly explains why the details of automatic renewal details are renewed in law.The problem of paid and unpaid time limit has been avoided.The third part,the last chapter of this article,mainly discusses how to improve the implementation details of the renewal system of residential construction land use rights and the basic principles to be followed.This paper believes that the specific principle should be based on the public ownership system in China,adhere to the principle of guaranteeing the rights and interests ofthe land use right holders,and propose that the improvement of China's automatic renewal fee is more suitable to adopt the free use of the housing construction land use right within a certain area.The part of the free area that is set up will be paid according to the different levels of the set,and the land use tax will be used to replace the land transfer fee,and the renewal period and the number of renewals will be legally determined.once.