Research On The Renewal Problems Of The Right To Use Residential Construction Land

The renewal problem of the right to use residential construction land is an extremely complex systemic problem,there are problems like fuzzy words,multiple meanings,enforcement difficulties of the current law about “automatic renewal”.Although the “automatic renewal” policy guarantees that the homeowner will continue to get the right to use residential construction land and own their estate when the right to use residential construction land expires,but it ignores the homeowner's internal demand for the house.Therefore,it is necessary to construct the hierarchy of the internal demand of the residential owners for their residence and study the effects of each hierarchy's index on their willingness to renew the right to use residential construction land by empirical analysis method,so that we can provide more humanizing and rational suggestions on the policymaking of the renewal of the right to use residential construction land.The thesis firstly uses the method of literature research to summarize the concepts related to the renewal problem of the right to use residential construction land.Then the thesis summarizes several main rights that some residential owners have on their real estate according to land property rights theory and theory of property right of real estates.The thesis divides the demands of residents facing land expiration into three levels: “basic possession”,“constant possession” and “better constant possession”.Specifically,the “basic possession” level is the possibility of the renewal of the right to use residential construction land;the “constant possession” level is the period and frequency of the renewal;the “better constant possession” means the residence should be economically rational,legally dignified and the renewal payment should be reasonable and be within the financial capacity of residents.Meanwhile,the owners of the residence should hold rights like renovation,decoration,rebuilding,lease,right of sale,mortgage,succession,gift and so on.This study designs a questionnaire based on the indicators in the hierarchy established above,and finally collects 1045 valid questionnaires and analyzed the effects of each hierarchy's index on the willingness of residents to renew the right to use residential construction land by ordinal logistic regression model with SPSS19.0,it concluded that the following indexes can significantly affect willingness of residents to renew the right to use residential construction land: the period of the renewal,renovation,rebuilding,lease,right of sale,succession and the maximum renewal payment that can be afforded each year.The thesis sorts out the surface rights in foreign countries,Hong Kong and Taiwan in China and finally draws the following conclusions for the policymaking of the renewal of the right to use residential construction land: firstly,the period of renewal of the right to use residential construction land should be scientifically formulated as the building life with possible renovation;secondly,take the land price at the expiration of the right to use construction land as calculating basis,then take a free renewal area into account and classify land area of dwelling houses in order to charge those residence with large land area of dwelling houses by progressive tax rate.In addition,the frequency of payment of the renewal should be only once.Considering residents' circumstances,the payment can be paid in batches or annually,or the integration of three methods above.Finally,ensure the rights of disposition and succession for the residences when the right to use residential construction land expires.