Research On The Issue Of Renewal Of Land Use Rights For Residential Construction

In the year of 2016,"the right to use of the housing land expired renewal fees and charges in Wen zhou" pushed the problem that extending the term of the right to use of the housing land to the white-hot stage.Although China’s current laws have already made a renewal of state-owned land use rights,Clearly stipulated,but the right to use of the housing land as a special state-owned land use rights has never indicated a treatment attitude.The "Property Law" distinguishes between the right to use of the housing land and the right to use of construction land,and clearly stipulates"automatic renewal" of the right to use of the housing land.It fully recognizes the special value of the right to use of the housing land,but the provision is only declarative.In terms,how to operate in practice,how to automatically renewal,whether there are deadlines,number of times for automatic renewal,whether to pay the corresponding fees for renewal,how to balance private interests with the interests of the state,and how to achieve social values and legal values Consistency and other issues did not make more detailed provisions.Due to the ambiguity of legislation,the judging basis for judiciary practice is complicated,and local governments are not in agreement when dealing with the issue of the renewal of the right to use of the housing land.This has led to social controversy.With the passage of time,the right to use of the housing land has expired in various parts of the country.The right to use of the housing land that has not been used for 70 years has gradually been facing difficulties to be dealt with.The right to use of the housing land is different from the general state-owned land use rights.It relates to the survival interests of the general public.From the perspective of practical feasibility considerations and judicial cost savings,the term of the right to use of the housing land is automatically renewed upon expiry,and the owner is not required to renew it.submit application.In terms of operation,it is necessary to distinguish different dwellings to construct a renewal rule for the right to use of the housing land.Under the current legal framework,the issue of renewal can be properly resolved through the distinction between general commodity housing andaffordable housing.For general commodity housing,since the "General Principles of Civil Law" has already provided for the reiteration of the statutory principle of real rights,the "Property Rights Law" may provide for a statutory mitigation system of real rights,which will make general merchandise housing affordable by easing the term of the right of usufructuary provided for in the statutory principle of real rights in China.The right to use of the housing land has become a sustainable usufructuary right,and the continuous the right of usufructuary is only under the principle of statutory right of real right.The subject and the content have special features,and their essential homogeneity cannot be changed.Automatic renewal without expiry does not require re-application and the term persists continuously.This means that the right to use of the housing land can be the object of inheritance and inherited by the successor of the owner,unless the owner automatically abandons the period of interest for the right to use of the housing land for construction purposes.If the owner is dead and there is no heir,it can be recovered by the state without compensation.In terms of renewal fees,renewal fees are charged in accordance with the legal logic of the right of usufructuary.In addition,the right to use of the housing land is similar to that of the terrestrial rights system outside the domain.It is the act of constructing buildings on the land owned by others,so Referring to the use of the model of paid renewal of the territorial rights system of foreign countries,taking into account the human rights protection function of housing,even for the renewal of general commercial housing,it should be a symbolic charge,and it cannot endanger private property rights and the right to existence.The fees charged for renewal are reasonably determined by the relevant local authorities after considering the factors such as the renewal period and the safety of citizens’ property.Expiry owners have the right to choose,or choose to continue renewal but should pay the appropriate fees,or choose not to renew but have the right to retrieve the buildings and the right to request compensation from the state.If the landlord refuses to pay the land use fee,he can take Restrictions on transfers,paid repossessions,etc.excepting for violating the basic spirit of the Constitution for the protection of citizens’ property rights.For affordable housing,the expiry of the right to use of the housing land alsofollows the automatic renewal rule,as it is more reflected in the protection of housing needs and is a product of the policy of safeguarding basic human rights,so there is no need to pay for the corresponding period of time.Expenses,but affordable housing is not a permanent benefit.In order to promote more equitable distribution of affordable housing resources,the duration of affordable housing is uncertain,and at the same time,an effective housing exit mechanism is established to optimize the rational allocation of public resources.The consistent trend of human rights protection in the world is also consistent with the basic essence of our socialist country.When dealing with the right to use of the housing land problems,for houses less than 70 years old,it is not necessary to make up for the remaining years of land transfer fees.The problems caused by national policy mistakes cannot be borne by innocent ordinary people.