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《Science & Technology Vision》 2018-21
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Defects and improvement of renewal of the right to use residential construction land

YU Hao-peng;Law School of Northwest normal University;  
The system of public ownership of land in our country is the basis and precondition of the right to use residential construction land, and it is clear that the right to use land for residential construction is a property right of others. According to the law, the houses built by our citizens on the land take the original ownership of the houses.This leads to a conflict between the right to use residential construction land as his real right and the right to housing ownership in principle. Article 149 of the property Law promulgated in 2007 provides for the automatic renewal of the right to use residential construction land after its expiration. However, the defects are that it does not define what residential construction land is, does not specify the number and duration of automatic renewal and whether or not to charge for automatic renewal The question is not specified. From the perspective of political considerations and optimal allocation of land resources, based on such systems as land public ownership, This paper suggests that the definition of residential construction land should be based on whether the owner of the house on the land uses the housing as the standard for determining the residential construction land. Automatic renewal should be allowed only once, subject to different housing conditions. There should be no charge for automatic renewal, and the combination of free and automatic renewal and the progressive collection of housing tenure tax according to the housing area can be used to lighten the economic burden of housing owners and achieve the goal of optimizing the allocation of land resources.
【CateGory Index】: D923.2
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