The Research On The Renewal Of The Right To Use State-owned Residential Construction Land

Regulations about how to handle state-owned residential construction land after expiry of the right to use the land involve property rights and habitation right of each citizen and rational and stable development of real estate industry.Therefore,the said regulations have a wide range of influences.Article 149 of the Property Law is quite vague about " automatic renewal" which is only generally stipulated thereunder.The article provides no specific methods of how to automatically renew the right to use state-owned residential construction land,and is not operative.Similarly,the Civil Code of the People’s Republic of China passed at the third session of the 13th National People’s Congress on May 28th,2020 also fails to stipulate the issue in detail.Further,the Civil Code of the People’s Republic of China vests the responsibility of regulating payment or exemption of the fee of renewed the use of state-owned residential construction land in other laws and administrative regulations.With issues related to expiry of the right to use state-owned residential construction land more and more urgently needing to be solved,unclear stipulations of prevailing laws have,to some extent,adversely affected protection of property rights of citizens and creation of a good social system.This paper begins to talk about the issue by introducing a case involving disputes about expiry of a 20-year period of the right to use a piece of residential land in Wenzhou.With depiction and analysis of historical development of the right to use construction land in China,this paper also depicts and comments on relevant provisions and legislative disputes of prevailing laws and regulations,and points out shortcomings of such laws and regulations.At the same time,corresponding practice in some places and Hong Kong in Mainland China and foreign countries are also compared.Based on profound understanding of relevant theoretical issues,this paper starts from the principles that should be considered in institutional design of renewal of the right to use construction residential land.It envisages a renewal system in combination with national conditions of China.It mainly explores and studies,in depth,issues involving handling of" automatic renewal",for example,whether payment is needed for renewal,renewal term,renewal procedure and renewal fee.Through studying and exploring the above important issues,this paper actively responds to the issue of " automatic renewal" that the people are concerned about academically.It specifically envisages a design of renewal procedures.The purpose is to specify and define regulations about renewal of the right to use state-owned residential construction land through legislation to enable long-term protection and reasonable expectation of property rights of the people,and make the renewal system to exercise the function of regulating the market fairly and justly.