Research On The Automatic Renewal Of Residential Construction Land Use Rights

In view of Article 149 of Property Law,it only provides for the"automatic renewal"of the right to use residential construction land after the expiration of the term,but does not provide a detailed explanation for the"automatic renewal".In addition,the fact that a small number of residential construction land use right has expired,the issue of automatic renewal has become a major livelihood issue that concerns the people,the government and the society.Based on the"Opinions of the CPC Central Committee and the State Council on Perfecting Property Protection System to Protect Property Rights By Law"on November 27,2016,it proposes the direction of long-term protection of property rights.This article discusses the controversial issue of the automatic renewal and proposes ideas,hoping to provide ideas for the automatic renewal of legal arrangements before the expiration of the large-scale residential land use rights which is based on the present situation analysis for the automatic renewal of residential land use rights?the future legal arrangements,the current development of the real estate market and relevant basic theories.There are four parts of the article structure:The first part is about the analysis of the current situation of the automatic renewal regulation and introduce some questions.First of all,the current situation of the automatic renewal regulations is discussed in detail,including the implementation status of the Property Law and the interirm measures;Then,it discusses the reasonableness and deficiency of the provision of automatic renewal which is for the purpose of supporting the current housing and land tenure system,so as to further improve the legal relationship between house and land.Pointing out that the interim measures have not substantially resolved the problems of automatic renewal including the form of renewal,the number of times of renewal and whether or not there are restrictions,etc.Finally,it is emphasized that automatic renewal requires specific legal arrangements that are institutional,systematic,authoritative and meet the requirements of long-term,stable protection.The second part starts with the theoretical basis involved in the automatic renewal of legal arrangements,and clarifies the c"base,",of legal arrangements for automatic renewal in the future from a theoretical perspective,including related theories of land ownership and paid use,etc.Then it clarified the boundary,direction and construction framework of the legal arrangement of automatic renewal from the theoretical foundation level combining with the particularity of housing"living material",the theory of land transfer and the theory of real estate tax.The third part is about the value objectives and factors to be pursued in the process of the legal arrangement of automatic renewal,which emphasize that the legal arrangement of automatic renewal should take into account the policy value,the legal value and the social value,and m rust adhere to "one premise,two rules and a red line",and reasonable and legal arrangements,so as to effectively link up with the existing legal system and public demand,making"the permanent property have perseverance",and remove public doubts.The fourth part is the suggestions of legal arrangements of the automatic renewal.The first point,the interim measures will continue to be applied for a period of time.When the time for reform is ripe,the automatic renewal should insist on p aid renewal.With 70 years as the limit,it can be divided into two forms:less than 70 years in the form of land remise fund and 70 years in the form of real estate tenure tax renewal.Second point,due to the existence of factors such as the safety a.nd service life of residential buildings,it is advisable to take the safe use period of residential building as the maximum renewal period which could not result in the vanity of the country's land ownership.Third point,for some special cases such as building use conversion,residential renovation and so on,its automatic renewal can be t:reated by analogy,in order to maintain social justice to the maximum extent possible.Fourth point,the legal arrangements for automatic renewal are guaranteed by restricting the legal consequences of the transaction.