On The Treatment Of Residential Land Right After The Expiration Of Time Limit

China’s land use rights transfer system has been implemented over the past 30 years of time.Due to the expiration of land user,many of the early pilot area houses have to face all kinds of problems. In order to mitigate the problems, it is stipulated in "Property Law of People’s Republic of China",which is promulgated in 2007,that the land use rights of residential construction will be renewed automatically. First of all, on the positive side, the rule of automatic renewal means that as long as the houses exit objectively and there have been able to continue to use, City residents don’t worry that their houses will be repossesed without compensation after 70 years. Meanwhile, they do not need to apply for renewal of housing management. As long as there is no loss of housing,land use right of residential construction is renewed automatically. However, this simple abstract statute can’t perfectly solve the problems of residential construction land use right. Under careful analysis, we will find that many practical problems of automatic renewal need to be solved.Construction land use rights means the right holders have the rights to occupy, use and profit the lands, and they have rights to use the land to construct and operate buildings, structures and ancillary facilities. The characteristics of the right to use land for construction mainly mean that it is an independent usufruct. It regards use other’s land value as object. Besides,it doesn’t depend on ownship or the right of third party. It has strong independence and negotiability. However,this right is limited in service life and use pattern.Residents can use the the lands according to relative relations. According to the differences of acquisition ways,construction land use right is divided into remising,transferring and renting.Remising is the main acquisition way at present,transferring and renting supply the way of remising. In the background of public ownership,there is a close relationship among land policy,character of state and China’s specific situation. China’s construction land use right is mainly established by the theory of separation of two rights. To solve the problems that property in land can’t circulate in market,land use right is separated from property in land. It will realize economic value by remising and renting,which can promote the development of economic.Due to the limitation of objective and subjective conditions,Property Law hides the head in the sand on the important problems of the cost of renewal,time of renewal and ways of renewal in automatic renewal. As the deadline draws near,it is more urgent to solve these problem. The paid renewal should be used in automatic renewal of land use of residential construction. Because China is a socialist country in which public ownership is mainly practised,the land in city is owned by China. After the urban residents pay land-transferring fees,if it is adopted unpaid renewal,China will lose land ownership. Besides,it will influence government’s financial input and sustainable economic development. What’s the ways of renewal?It charges according to proportion which is based on actual standard price. This way can garantee residents who will have house to live and narrow the gap between rich and poor. The ownership of house is related to vital interest of people. It is necessary to build an impeccable legislation system and scientific system design. It will garantee people live and work in peace and contenment.