Study On Renewal Of Use Right Of Residential Building Land

In April 2016,an incident of wenzhou city caused the residential building land use rights renewal that the complicated problem should be solved.Actually,the debate about the problem of the residential building land use rights renewal has always been.This is not only a legal problem,or a problem that influences on the citizens enjoying the house property right and the steady development of national social.At present,only in the<Property Law>of the 149th paragraph 1 stipulates for the renewal problem,as an"automatic renewal".It does not effectively solve any issues,such as the automatic renewal paid,the payment standards and the deadlines.The state council issued<The Central Committee of The Communist Party of China about Perfecting the System of Property Rights in Accordance with Law,and Protecting Property Rights of Opinion>.The ministry of land and resources issued the policy of "two things to be same,and a thing to keep normal".These two things just said effectively alleviates current renewal problem we are facing.But from a long-term perspective,how to deal with the problem when the residential building land use rights will expire after 70 years.It’s still needing our government to study and formulate the feasible system.This paper analyzes the current legal background about the residential building land use rights renewal and the causes of the status,the main legal point of view.At the same time,the author refers to the UK,Hong Kong special administrative region in China,Germanic and Japonic relevant system,and suggests the conception of the renewal system in China.The government does not get the right of the optional invasion or withdrawing the citizens’ residential building land use rights.Even for the public interests,the compensation shall be made by the government.But it doesn’t mean that the property owners can be permanent and free to enjoy the residential building land use rights.Automatic renewal does not mean that doesn’t pay for it.The paid renewal is not equal to high pay cost to be renewed.The paid renewal,in contrast,is more in line with the principle of lawful,reasonable and fair.On the determination of charging methods and standards,fees into taxes should be the most simplified and operable way.And in order to protect the rights of citizens’ basic life,the taxes charging standard shall be based on unit family enjoying a set of residential area,and it should have some relief and subsection.It can be a symbolic charge to care for citizens.If citizens do not pay on time,it also does not affect their residential building land use rights and the ownership of the property.It just limits their rights of selling real estate or mortgaging,etc.At the same time,the automatic renewal does not mean the use rights are dateless.According to the reasonable remaining service life of the residence to get the renewal period is reasonable.