Study On The Conflict Of Interest In The Renewal Of The Right To Use Residential Construction Land

The Civil Code stipulates that the right to use residential construction land should be automatically renewed when it is due,but it is not clear and detailed about how to automatically renew it.The ambiguity of this system easily leads to the relevant stakeholders to interpret the legal provisions from the perspective of rational person in order to maximize their own interests,so as to realize the benefit distribution and right competition in the process of automatic renewal There is a natural contradiction between the government as the main body of exercising land ownership and the individuals who enjoy the right to use residential construction land through "automatic renewal",which is the most important conflict.If the conflict of interest is not properly resolved,it will not be conducive to the implementation of "automatic renewal" of residential construction land.Based on the public choice theory and Marxist land property right theory,this paper analyzes that both the government and the individual have their own rights and interests in the process of renewal of residential construction land use right.Based on the social conflict theory,this paper analyzes the causes of interest conflict between the government and the individual,which are mainly divided into two types: economic interest conflict and right interest conflict.The conflict of economic interests includes the standard of renewal payment and the conflict of valueadded income distribution during the period of transferring the right to use residential construction land.The conflict of rights and interests is mainly manifested in the fight for the specific rights of real estate in the process of renewal.Based on 1596 questionnaires collected in 8 months,1184 valid questionnaires were selected according to the standard of answering time.The questionnaires were analyzed and processed by AMOS 23.0,SPSS 22.0 and other statistical analysis software.The empirical research conclusions are as follows: firstly,through the structural equation model analysis,it is concluded that the way expectation and right expectation of "automatic renewal" will directly affect the individual’s willingness to choose the renewal payment standard.Further analysis shows that when the income brought by the renewal policy issued by the government does not match the cost of different payment standards,the individual is not willing to accept the corresponding payment standard;Second,through the optimal scale regression analysis,it is concluded that the most important factor affecting the individual’s willingness to obtain the value-added income distribution ratio during the transfer period of residential construction land use right is the "automatic renewal" policy environment perception.Further analysis shows that the government can influence the individual’s acceptable value-added income ratio willingness through the renewal policy;Third,through the correlation analysis,it is concluded that the willingness to enjoy the right will affect whether the individual makes the renewal decision,and different individual characteristics such as age and education level will also affect the willingness to enjoy different specific rights,such as the right to sell.Further analysis shows that the government and the individual will have conflicts on whether to enjoy specific rights.According to the empirical research,this paper puts forward the countermeasures and suggestions to resolve the conflict between the government’s interests and personal interests and balance the interests in the renewal of the right to use residential construction land: first,improve the relevant laws and regulations on the renewal of the right to use residential construction land,and define the boundary between the government and individual rights;second,construct the renewal payment system with the conditions of free renewal The third is to make clear the ownership and distribution proportion of the value-added income during the transfer period of the right to use residential construction land;the fourth is to make clear the time and times of renewal,and give the user certain autonomy in the choice of renewal payment scheme.