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

In order to solve the contradiction between the expiration date of the right to use residential construction land and the permanencyof house-ownership,Article 149 of the Property Law provides for the automatic renewal to ensure that citizens can live and work in peace and contentment.However,there is much controversy over the connotation of "auto-renewal",and there are many practical difficulties.This will bring about unstable expectation on people's resident rights and housing property rights,and serious damage to the authority of the law.As the right to use residential construction land in various places has expired or is about to expire,the renewal rule need to be clear urgently.Based on the full explanation and respect of the current automatic renewal rules,this paper puts forward some suggestions on how to renew the system of automatic renewal,which is divided into three parts.The first part combs the problems existing in the automatic renewal,including the ambiguity in effectiveness of the “automatic renewal” rule,the scope of application,renewal costs and period.While combing these problems,the author analyzes the legislative status,practical difficulties,and academic debates of the automatic renewal rule.The second part aims to solve the problems raised in the first part through legalinterpretation.First of all,the author analyzes the effectiveness of the automatic renewal rule based on the applicable principles of laws: automatic renewal rule is new,special and mandatory,it excludes other legal provisions and contractual autonomy,and it has retroactive force.Secondly,for the understanding of this article,this paper explains "the scope of residential construction land" and "the connotation of automatic renewal".This paper argues that the automatic renewal system is only applicable to the pure residential construction land,the commercial-residential integration is subject to the rules of right to use non-residential construction land."Automatic renewal" refers only to the automatic extension of the period,and there is not necessary contact between "automatic renewal" and "renewal costs" or "period".Therefore,the controversy over the automatic renewal is not caused by the misunderstanding of the people.It is indeed a matter of legislation.Existing legislation has avoided the renewal fee and period.It is necessary to improve the automatic renewal rule by supplementing the legislation so as to achieve the goal of protecting the property rights of citizens and making people live and work in peace.The third part discusses the perfect route of automatic renewal rule.This paper argues that no matter what kind of program we adopt,we must uphold four basic positions: based on legal provisions,for the purpose of protection of citizens' housing rights,taking the best use as the basic principle and taking fairness as the bottom line.In four positions,this paper argues that we should try our best to protect citizens' peaceful live and work and stable expectation,so free renewal or appropriate fees and necessary period is suitable.After comparing the relevant specific programs,this paper proposes that the renewal period is the remaining useful life of the house,and per capita minimum living area is free,excess area is subject to compensation renewal,but it is not based on land transaction fees.The program can reasonably protect the private property of citizens,meet the residents' basic housing needs to the maximum extent,and provide them with good and stable expectation and realize the legislative goal of making the best use of their property and living and working inpeace.