Study On The Right To Use Land For Urban Residential Construction In China

"The CPC Central Committee and the State Council on improving property rights protection system to protect property rights according to law" officially released in November 27,2016,this is the protection of property rights in China for the first time in the top-level design on behalf of the Central Committee promulgated the "opinions" clearly stipulates that the legal arrangements for housing construction on the right after the expiration of the land etc.,which marks the solution to the automatic renewal the right to use our city residential construction land has been imminent.The proper settlement of the issue of the renewal of the right to use the urban residential construction land not only affects the top-level design of the state property rights protection,but also relates to the vital interests of every urban residential construction land use right.In the residential construction land and other land use right after the expiration of the legal arrangements ready on the occasion,this paper uses the methods of literature analysis,combs the changes of our country city construction land use rights for the different times and different legislative provisions on construction land use rights expire automatically renewed view,interpretation of the legislation of China the city construction land use rights stipulated in the legislative purpose.And then we analyzed the use of case analysis on Qingdao and Wenzhou for the right to use construction land hit the limit of residential property of the actual solution,find the unreasonable,local to the city construction land use renewal period to solve the problem with the "property law" in the legislative construction of the right to the use of city renewal to the contrary,and puts forward the key points need to be resolved.Finally,this paper uses comparative analysis through the analysis of the actual scheme of Germany,Japan,Taiwan,Britain,Hongkong Chinese China residential property renewal,in which the advantages and disadvantages of various trade-offs,put forward suitable for China’s national conditions and is also consistent with the "suggestions on the legislation of right to the use of automatic renewal of city construction land in property law".