| The 149 th of Property law house rules of the automatic renewal after the expiry of the time limit of the right to use construction land,from academic research to the public opinion hotspot,from differing wang to the central committee of the state council the attention to this problem.The problem is all of the urban residents' rights to property,the people to live and work in peace and contentment,the stability of a harmonious society,is to address the issue of people's livelihood not to bypass obstacles.How to make the residence after the expiration of the right to use construction land system arrangement,to conform to the traditional culture idea and realistic national conditions,balance the land rights of private and national relationship,both protect the rights of public housing are protected,does not damage the interests of land owned by the state finance,test the legislature legislation wisdom.The author through literature review,comb scholars point of view,law research and foreign legislative cases for reference,put forward the following opinions: residential rules of right to use construction land expires automatic renewal design should first clear housing ownership belongs to house all people;Second on the renewal period should follow the natural attributes of the building,automatic renewal until houses damaged loss and other loss of living function;According to the different housing area,residential properties,etc.A standard different real estate tax.This article will be divided into question in the structure,theory review,foreign legislative cases,problem-solving Suggestions and so on four parts.The first part is the automatic renewal of the questions.First three from Qingdao,shenzhen and wenzhou city residential events of the right to use construction land expires,the analysis of its land use right expires and subsequent processing way,in practice there is no good solution to the automatic renewal problem.Secondly define residential construction land use rights belong to the right nature of usufructuary right.Finally combing to our country current relevant legal provisions in analysis,explain in law there is no clear rules to the problem of automatic renewal design.The second part to the current scholars views were reviewed.On the automatic renewal problem and can be divided into renewal term and renewal fee two questions.On the renewal fee,a free renewal and paid for the renewal of two opposing points of view,can be divided into the fees and taxes paid renewal in two perspectives.In the renewal period have unlimited renewal and have a deadline for renewal two tit-for-tat point of view.In the limited renewal and can be divided into fixed term said,evaluating the service life of the building and building natural damage loss three renewal scheme.The third part is the legislative cases study abroad.In this part are introduced in Germany,Japan,Taiwan and so on three mainland legal system country about superficies renewal and other institutional arrangements,as well as Hong Kong under the land lease system renewal scheme.Comparing with the right to use construction land system in China,found that,different advantages,after the expiry of the time limit for residential construction land use rights in China of renewal of extraterritorial legislation system arrangement to provide reference.The fourth part is the author related the analysis process and put forward the proposal.This section can be divided into two large,the first part is analysis of "property law" the provisions of article 149 of the understanding and construction of residential and residential land use rights,expiration and renewed automatically direct interpretation analysis,to explore its legislation original intention and principle for following the rules.The second part for the renewal of the relevant rules of legislative proposals.From constructional surface renewal after the ground attribution,the selection of renewal period and discusses three aspects of the renewal fees charged. |
PDF Full Text Request