On The Improvement Of The System Of Renewal Of The Right To Use Residential Construction Land

The Article 149 of the Property Law belongs to the intentional legislative blank of legislators.The reason is that the renewal of land use right involves a lot,so it is not appropriate to make a hasty conclusion at present.In view of the contradiction between the Property Law and the Urban Real Estate Management Law,the author believes that there is no substantial difference between the two laws.The former only stipulates the right to use construction land in a general way,while the provisions of the Property Law actually distinguish the right to use residential construction land from the right to use non-residential construction land.Therefore,the Article 149 of the Property Law should be applied to the issue of the right to use residential construction land.The second part is to settle the dispute about whether the permanent renewal is right or not.Professor Yang Lixin believes that permanent renewal should be allowed,focusing on protecting citizens' property from infringement,while Professor Wang Liming believes that permanent renewal is not appropriate.The author thinks that the permanent renewal will lead to the blurring of the boundary between land use right and ownership,further aggravating social injustice and causing more social contradictions.The third part is to improve the renewal system.Due to the principle of fairness and the consideration of improving the efficiency of land use,the renewal period should be paid.However,according to the actual situation of our country,the best choice is based on the per capita living area to ensure the basic living needs of residents.Within this standard,free or symbolic fees will be charged;beyond this standard,the amount of fees will be calculated according to the excess living area.It can not only guarantee citizens' basic living,but also effectively help the real estate market return to the normal price level.