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Study On The Legal Issues Of Automatic Renewal Of Residential Construction Land

Posted on:2020-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:X W YangFull Text:PDF
GTID:2416330599457177Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The automatic renewal of the right to use residential construction land is closely related to everyone's life,which has become the focus of social attention and the most important livelihood issue.How to formulate the renewal rules is related to the overall situation of social stability and national long-term stability.In the legislative evolution process of the renewal rule after the expiration of the right to use residential construction land in China,it reflects the efforts made by legislators in ensuring the basic living conditions of the common people and guaranteeing the legal private property of the common people,and fully embodies the national people-oriented legislative purpose of not competing with the people.But the current "property law" the one hundred and forty-ninth only simple rules for residential automatic renewal after the expiry of the time limit of the right to use construction land,whether for renewal fee,the extension of applicable scope,extension of the basic conditions,the renewal of the procedure does not clear,such as bigger controversy on the connotation of the "automatic renewal",causing such problems in real life can depend on,triggering a series of social problems.Therefore,whether to perfect the system of automatic renewal of the right to use residential construction land has important practical significance.In 1988,China adopted the amendment to the constitution,which clearly stipulated that the right to use state-owned land could be transferred according to law,ending the situation that the right to use land in China could only be allocated but could not be transferred.Among them,the interim regulations on the assignment and transfer of state-owned land use right in cities and towns stipulates that an application shall be filed after the expiration of the term of the right to use residential construction land,and the land transfer fee shall be paid before the term of land use can be extended."Urban real estate administration law of the land use right to apply for the provisions of the conditions of time and made a more detailed,the property law enacted in 2007 and only after the expiry of the time limit for residential construction land use rights,automatic renewal,whether for renewal fee,renewal and the range of conditions,renewal of the program did not give a specific solution problem.Residential automatic renewal system of the right to use construction land has its legal basis,is a land public ownership system in our country,since reform and opening,countries allow land to transfer,lease and gradually establish the period of paid use of land,to distinguish the right to use construction land and land ownership,to ensure the reasonable use of land resources,land public ownership into housing construction land automatic renewal system foundation,has known as usufructuary right in the field of traditional civil law superficies and peculiar national conditions in our country on the basis of establishing a new type of usufructuary right the land use right,both exist in common,Moreover,the theory of superficatory right has become the theoretical basis for the automatic renewal of the right to use residential construction land.It is the value pursued by the system of the automatic renewal of the right to use residential construction land to protect the basic residential rights and interests,realize the fairness of housing policies and ensure the efficient use of land resources.At present,the main problems existing in the system of automatic renewal of the right to use residential construction land in China are as follows: the regulation on whether the right to use residential construction land is paid is unclear,the scope of the renewal is not clear,the term of the renewal is not specified,and the regulations on the procedures for the renewal are not perfect.In order to solve these problems existing in the system of automatic renewal of the right to the use of residential construction land in China,it is necessary to make it clear that the right to the use of residential construction land is applicable to the paid renewal,the scope of application for the renewal,the conditions for the renewal and the procedures for the renewal.Only in this way can we better safeguard the people's rights and interests in residence,and earnestly implement the party's requirements of paying attention to people's livelihood and building a harmonious socialist society in legal practice.
Keywords/Search Tags:For renewal, automatic renewal of residential, construction land use right
PDF Full Text Request
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