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

Article 149 of the Property Law of the People's Republic of China clearly stipulates:"If the use right of residential construction land expires,it shall be automatically renewed."For the first time,this term distinguishes the construction land use right into residential construction land use right and non-residential construction land use right,it also carries the public's reasonable expectations for individual property rights and residency rights.The provisions of the Property Law for the renewal of the residential construction land use right are intended to protect the realization of the "home ownership" of the residents.However,the contents of the provisions are too general and vague,there is a lack of specific rules to provide guidance when facing practice problems.Different interpretations of the "automatic renewal" lead to difficulty in implement.The law must keep pace with the times,it shall update and improve in time in order to serve the social development better and guarantee the society in harmony and stability.Therefore,The application of the specific laws and regulations on the automatic renewal.of the residential construction land use right has become a problem that needs to be solved urgently.This paper mainly analyzes the problems existing in the automatic renewal of the residential construction land use right in China,and puts forward some countermeasures for the construction of relevant laws.In addition to the abstract,introduction and conclusion,this paper is divided into the following four parts:The first part is an overview of the automatic renewal of the residential construction land use right.First of all,this paper introduces the nature of automatic renewal of the residential construction land use right,including what is "automatic renewal",that is,the connotation of "automatic renewal",as well as its legal attribute.Secondly,it combs the relevant domestic legislation and policy provisions in our country.The second part tells the practical dilemma and problems of automatic renewal of the residential construction land use right.This chapter summarizes and analyzes the countermeasures of Shenzhen,Qingdao and Wenzhou in the face of the expiration of the construction land use right,summarizes the legal problems that exposed and the merits that manifested,which paves the way for the relevant design in the following text.The third part is the values and principles that should be followed in the construction of the rules of automatic renewal of the residential construction land use right.This part provides guidance for the design of specific rules,including ensuring the unshakable status of the country as the urban land owner,making the house owner form reasonable and stable expectation for their property right,taking multiple interests into account and having the feasibility of technical operation in practice.The fourth part is the concrete rules' construction of the automatic renewal.First of all,the preconditions of automatic renewal should be clear,that is,the renewal should be based on the existence of the buildings and meet the living conditions.In addition,it is necessary to give the right of the user of the residential construction land to refuse the renewal.If they refuse to renew,the automatic renewal period and the payment rules will no longer apply.Secondly,the automatic renewal should not be permanent,the number of renewal times and the duration of renewal should make distinguish between above the statutory maximum number of years and the below,and fully consider the service life of the house.Finally,renewal should not be free and the payment standard of renewal should be cheap rather than referring to the land transfer fee.Besides,the minimum per capita living area,the number of houses and the size of families and other factors should be taken into fully consideration to make a specific design.