Research On The Automatic Renewal System Of Land Use Rights For Residential Construction

Article 359,paragraph 1,of the "Civil Code of the People’s Republic of China" : "If the term of the right to use residential construction land expires,it will be renewed automatically.The renewal fee shall be paid or reduced in accordance with laws and administrative regulations Regulations apply." The payment or reduction of the renewal fee shall Comply with laws and administrative regulations."This provision affirmed the land use rights enjoyed by the people,but deliberately avoided a series of issues such as the expiration of the follow-up rules,renewal period,and renewal costs.The relevant content of the existing laws and regulations adopts vague and evasive strategies,and specific rules are difficult to implement.In practice,due to lack of specific theoretical guidance,local governments have different practices and renewal plans,and they have not formed a unified renewal.Standards,which involve the balance between national economic development and protection of people’s livelihood.All sectors of society are very concerned about the renewal of residential construction land use rights,and if this issue is not resolved as soon as possible,it will not be conducive to achieving social stability and ordering people to live and work in peace.This article will explore the renewal of land use rights for residential construction.Based on the current laws and regulations,and in combination with the practices of Shenzhen,Qingdao,and Wenzhou in practice,the further analysis of the separation of land ownership,house ownership,and land use rights in China is the fundamental cause of the issue of automatic renewal.Views and proposals.The article focuses on specific and perfect countermeasures for the automatic renewal system,based on the principles of efficiency and fairness,balance of economic interests,and harmony with existing laws,combined with the historical experience of the development of China’s land system,the scarcity of public resources,and the requirements of individual needs.In terms of consideration,implement differentiated renewal,treat general commercial housing and affordable housing differently,adopt the scheme of conditional paid renewal of general commercial housing and affordable renewal of affordable housing during the service life of the house,and set free renewal of conditional paid renewal.The progressive system of renewal area is based on the renewal system fee,which balances the interests between the land owner and the right to use,so as to better solve the dilemma of renewing the right to use residential construction land in the design of the automatic renewal system.