Research On Legal Issues Of Expiration Of Construction Land Use Right

The right to use construction land is the embodiment of the socialization of land ownership,and the renewal is the result of the existence of land attached to the land.China's legislation adopts an evasive attitude in resolving various problems after the expiration of the right to use construction land,and it is difficult to meet the need to resolve conflicts in practice.The provisions of the Property Law on the automatic renewal of residential land should point to the renewal of applications for non-residential land,rather than a renewed renewal,that is,there is no necessary connection between automatic renewal and non-renewable renewal.The renewal should be charged in accordance with the agreement or the law.The land use fee shall be limited to one time.The renewal fee shall be determined on the basis of the building area,taking into account various factors such as the structure of the building,the rate of land restoration and the service life of the building,and at the same time establishing a special land for residential land.consider.Renewal is not to pay the land use right transfer fee,refer to the extraterritorial land right system and land lease system,and establish a reasonable annual land rent system based on China's actual national conditions.However,it does not rule out that the landowner waives the right to charge under certain circumstances,and does not preclude the land user from giving up the right to renew after expiration.If it is not renewed according to law,according to the relevant theory of limited property rights,the right to use land for construction will of course be eliminated,and there will be conflicts between ownership of land and ownership of buildings on the ground.The key issue of whether to apply for renewal is the strict definition of the scope of public interest.The key to clarifying the ownership is to clarify the relationship between the house and the land,that is,to follow the question of “room to go” or “land to go with the house”.The best way to solve the conflict between building ownership and land use rights is to give land users the ground.The right to claim compensation,the right to regain and the priority of renewal,reduce the burden of renewal of land use rights.If the owner of the land does not compensate for the land,he shall extend the period of the right to use the construction land in accordance with the principle of “land with the house”.If the land user does not claim renewal,he shall lose the right to claim compensation for the building and then exercise the right to take back.And fulfill the obligation to restore the original state of the land.If the land is not retrieved within the time limit,the landowner will obtain it free of charge.Based on practical cases,this paper sorts out the current legislation on the transfer of construction land use rights,and compares the land use rights system in Germany,Japan,Hong Kong,etc.,and analyzes the legal dilemma arising from the renewal and recycling of land use rights.Under the premise of changing China's land ownership and land transfer system,relevant legislative proposals are proposed for the design of China's construction land use right term system,in order to provide assistance for the settlement of legal issues.