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Research On The Legal Issues Of The Automatic Renewal Of The Right To Use Residential Construction Land

Posted on:2019-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:P J FangFull Text:PDF
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The first clause of the 149~thh article of Property Law stipulates that the term of the right to use land for construction for dwelling houses shall be automatically renewed upon expiration.However,it does not stipulate specific issues such as the term of renewal,whether it is paid or not,which leads to the predicament of the current application of the law.The expiration of the time limit for the use of residential construction land in Qingdao and Wenzhou and the situation that the policies adopted by local governments are not accepted by the public make it necessary to establish the follow-up system of the"automatic renewal"rule.The house is the place where the people live peacefully and work happily.Therefore,resolving the renewal issue and pacifying is the most important thing to appease the people.To protect the people's residency and property rights without infringing upon the state land ownership and to achieve legitimacy,sympathy and rationality,the legislature needs to be cautious about the follow-up construction of the"automatic renewal"system.In consideration of the public ownership of land,the automatic renewal system should have a deadline limit.From the perspective of ensuring the long-term protection of citizens housing property and the useful duration of the house,the upper limit of renewal should be the remaining life of buildings.In addition,the renewal should not be free of charge.However,land-transferring fees should not be adopted.Combining with the reform of real estate,the government should collect the rent symbolically and collect taxes at the same time.In order to protect the public ownership of land,the rent should be charged symbolically.The government uses the real estate tax to achieve the redistribution of social wealth.This article is divided into four parts:the question and the application of law,the theoretical controversy of"automatic renewal",the comparison of legislative cases in different countries(regions)and the solution of problems.The first part is the actual predicament caused by the legislation blanket of“automatic renewal"and the exclusive application of the first clause of the 149~thh article of Property Law.As the introduction of the expiration of the term from the two cities of Qingdao and Wenzhou,it shows that the legislation blanket should be resolved urgently.At the same time,it analyzes the current legal provisions related to the right to use construction land in our country,and it shows that there is no specific rule design for the issue of auto-renewal in law.It also shows that the related issues of the renewal of the right to use residential construction land can only apply to“automatic renewal"rule.The second part introduces the theoretical dispute between the domestic scholars.It mainly includes the renewal period and the renewal fee.There are two viewpoints on the renewal term:unlimited renewal and limited renewal.A limited renewal period is divided into a fixed period of time and the service life of a building.For the renewal fee,there are also two opposing views:free renewal and paid for the renewal,and the payment form includes land-transferring fees and taxes.The third part is the study and reference of the superficies and land lease system.Through the research and analysis,it can provide legislation reference for the design of the renewal system.The study of the superficies is mainly based on Germany,Japan,and Taiwan and focuses on the law protection of the superficiarius.The study of the land lease system focuses on the regulations of renewal fee.The fourth part is the suggestion for the automatic renewal system.The first part is the legal analysis of"automatic renewal",to discuss its essence and the necessity of the legislation.The second part introduces the suggestion for the related renewal rules.It discusses the choice of the renewal period and the collection form and standard of the renewal cost.
Keywords/Search Tags:The right to use construction land, Automatic renewal, Renewal system
PDF Full Text Request
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