The Research On The Rules For The Automatic Renewal Of The Right To Use Residential Construction Land

With the emergence of follow-up period of expiration of the right to use residential construction land in China,article 149 of the Property Law on the automatic renewal of the right to use residential construction land is "automatic renewal".It is very vague.There is no practical and specific operation method for "how to renew automatically",especially for the important content of "automatic renewal",such as whether or not to renew automatically,the number and number of automatic renewals,and the way of automatic renewal.In August 2018,the Standing Committee of the National People's Congress deliberated on the draft of the Civil Code of Property Rights,which stipulated the principle of "how to renew automatically".Comparing with the provisions of the Property Law,it has some development,but it has not made clear provisions on the payment or remission of renewal fees,and entrusted relevant powers and responsibilities to laws and administrative regulations.It can be seen that the provisions of the Civil Code of Property Rights(Draft)on this issue are not clear enough,and even there is some "avoidance".The provisions of the Property Law and the Civil Code Property Code(Draft)will have a negative impact on the ownership,the protection of citizens' property rights and the establishment of a good social order.In order to actively respond to people's expectations for a proper solution to this problem,it is necessary to construct practical,concrete and clear rules through the relevant legislation of Civil Code.Combining with the current legal provisions,this paper mainly uses historical research methods,normative research methods and comparative research methods to analyze the theoretical and practical issues involved in the "automatic renewal of the right to use residential construction land",focusing on the "how to automatically renew" especially whether there is a "automatic renewal of the right to use residential construction land".The important contents of "automatic renewal" such as repayment renewal,automatic renewal period and times,and automatic renewal mode are discussed and studied in depth.This paper actively explores and responds to the issue of "automatic renewal" concerning the vital interests of the people theoretically,with a view to concretizing and clarifying "how to renew automatically" to establish practical,concrete and clear rules of automatic renewal.People can realize the stable ownership of the property and reasonable expectation of the their property rights and promote the sound development of social order in this way.