Research On The Automatic Renewal System Of Residential Construction Land Use Rights

The 64th article of China's property law stipulates that citizens have ownership of their houses,according to the principle of property law,ownership is permanent and indefinite,but the right to use land for construction land attached to a citizen's house belongs to a time limit,and the renewal problem arises when the term of tenure expires.Therefore,the problem of the renewal of the right to use land is the conflict between the permanent ownership of the land and the term of the land tenure.The property law,for the first time,distinguishes the renewal of the right to use land for housing and non-domestic Construction,and establishes the automatic renewal rules for the use of land for residential construction,which fully embodies the concept of people-oriented and the state's concern for people's livelihood.But this rule is too simple and vague,leaving a lot of blank spots,not yet operable.With the continuous development of residential land in Qingdao,Shenzhen and Wenzhou,the uncertainty of the existing law is exposed,such as whether the land use fee should be paid for the automatic renewal,the standard payment,the period and the number of renewals,If it does not conform to the applicable conditions of automatic renewal rules how to deal with the ground house and so on,and so on,the issue of renewal has been bogged down and aroused the concern of all circles of society and hot discussion.The housing problem is related to the livelihood of the nation,it is very vital,this paper makes an in-depth study on the relevant aspects of the automatic renewal rules,and constructs the specific rules for the automatic renewal system.The main contents of this article are divided into five chapters.The first chapter elaborates the institutional causes and theoretical basis of the automatic renewal system of the land use right of residential construction in our country,which mainly involves three closely related systems,that is,the system of urban land nationalization,the paid use system of urban land and the term use system of urban land.The second chapter analyzes the system of the automatic renewal system of the land use right of residential construction,including the current legal basis of the automatic renewal system--the legal analysis of the first paragraph of the 149th article of the property law,and the cognizance and analysis of the object of the automatic renewal system-"residential land".The third chapter,the rationality of the paid renewal scheme is fully demonstrated from the legal logic,the idea of social justice and the optimal allocation of land resources,and then the specific renewal fee scheme is proposed,that is,the paid renewal scheme with free renewal area.The forth chapter first carries on the detailed analysis to the factor which needs to consider in the renewal period,secondly proposed the specific renewal period the plan,namely uses the building safe use time as the determination renewal period standard,The number of renewal times is suitable for one time.The fifth chapter aims at the expiration of the land use right of residential construction,as a result of some special circumstances,the automatic renewal system cannot be applied to the disposal of the ground buildings,this part is mainly based on the analysis and reference of the"civil law" of Taiwan Area and the provisions of Japanese civil law which are similar to the concept of the relationship And put forward the author's views on this issue and the construction of ideas.