Research On Renewal Of Land Use Rights For Residential Construction

Article 149 of the Property Law specifically stipulates the rules for automatic renewa l of the right to the use of residential construction land.Because it only provides in principl e,there is no practical operation plan for how to "automatically renew",especially the imp ortant issues such as renewal period,repayment,etc.have not been clearly defined,which has led to the current law application dilemma.In practice,the expiration of the short-term land use rights in Qingdao,Shen Zhen,Wen Zhou and other places and the response polici es issued by the local government caused widespread dissatisfaction.With the issuance of t he "Opinions of the Central Committee of the Communist Party of China on Improving the Property Right Protection System and Protecting Property Rights According to Law" and t he introduction of the Ministry of Land and Resources’ "Two Uneven Normal" policy,the current issue of renewal of land use rights for residential construction has been effectively alleviated.Article 359 of the Draft Civil Code of December 16,2019 is about the "automat ic renewal" provision.Although it has been developed compared to the provisions of the Pr operty Law,it has not been renewed.The payment,reduction or exemption of the period fe e shall be clearly stipulated,and the relevant rights and responsibilities shall be delegated t o other laws and administrative regulations.At present,the academic community generally believes that after the expiration of the right to use residential construction land,there is no need to apply for and re-sign a contract for the transfer of land use rights.However,schola rs have various questions about whether "automatic renewal" requires payment of fees,ren ewal periods and frequency.This article is divided into four parts.First,clarify the concepts related to the right to use residential construction land,distinguish the legal characteristics of the right to use resi dential construction land,and clarify the theoretical and practical significance of the renew al system.Some existing problems in the renewal system of land use rights;then the causes of the renewal problem of residential construction land use rights in practice are analyzed;finally,the author proposes some of their own through the demonstration of the improveme nt of the renewal system of residential construction land use rights opinion.The author believes that the right to use residential construction land for less than 70 y ears and the right to use residential construction land for 70 years should be discussed sepa rately.First of all,the scope of application of the automatic renewal system was clarified,a nd commercial housing was excluded.Secondly,the automatic renewal should be in accor dance with its original unlimited conditions,but there is an obligation to pay a certain fee.The renewal fee is not uniformly stipulated,and the “one place,one policy” is adop ted at a low rate of local annual rent.The payment method is annual payment,and the poor can apply for a waiver or delay in payment,which does not affect the right to reside but ha s a defective renewal plan.It is recommended that the renewal period and number of times should be 70 years,and it is recommended to standardize the term of residential constructi on land use rights,no longer use short-term residential construction land use rights,and im prove the nationwide network of real estate registration systems.