"Property Law automatic renewal of land rights for simplified procedure"

Updated: April 22, 2016  Views: 11

Original title: 'Land of the Real Right Law automatic renewal for simplified procedure'

Recently, part of the renewal of expired residential land use rights Wenzhou event takes several hundred thousand dollars, the controversial face of the renewal fee was not raised to say, the staff members of Wenzhou City Land Bureau in April 20 means 'impossible' interview, claiming that 'this will result in loss of state assets.' These words once again aroused concern online, it also raised the public discussion of land management-related policies and regulations.

The focus of public debate, mainly around 149 >> << Property Law, which states that the 'expiration of the period of residential construction land use right, the automatic renewal,' the law does not explain what it means automatic renewal, no explanation whether the land required to pay the renewal fee, where 'blank', guess interpretation by the public.

March 16, 2007, by the Fifth Session of the Tenth National People's Congress << Property Law >>, the same year October 1 implementation. << Property Law >> drafted at the beginning of the legislative background and intention in the end is what? April 21 Beijing News reporter interviewed << Property law >> legislative participants explain the drafting process in the previous Article 149 of the ins and outs established.



Automatic renewal of land rights is its purpose?

Expert: To simplify the procedures, so that people do not have to queue for renewal procedures

<< Property Law >> Article 149 mentioned in the 'expiration of the period of residential construction land use right, the automatic renewal.' One of the 'automatic renewal' at the time the legislation is what conception?

Civil Law Committee of the NPC Standing room inspectors told Beijing News reporter Hu Jihua, 2005, on the << Property Law >> drafting when the Legal Committee at the time of reporting to the NPC Standing Committee, the leadership of the relevant land use applicants for renewal after the expiry questioned, 'apartment multi-family residential construction land use right period expires, by individual households to apply for renewal or renewal of the owners' committee unified, disagreement how to do? this We need to be clear. '

Civil Law Committee of the NPC Standing former director Yao Hong recalled, was also suggested that the land use right of the building related to the interests of millions of people, 'In the future if we are to renew expired, queuing are ranked however, people should think of a more convenient way. 'so, then 149 it states that the' automatic renewal ', the intention is that people are not running a queue for renewal formalities.


Why is not specified whether the charges?

Expert: Are fees, how much income, lawmakers disagree

Some residential land use rights expire event Wenzhou reason of concern, one of the main reasons is that the media have reported that the renewal to charge exorbitant fees. In the end received no fee, how much income, which, << >> Property law was not among the states.

Hu Ji Hua said, September 26, 2005, when the Serving Standing Committee Chairman Wu Bangguo, listened to participate in the legislative specialist for the sector >> << Property Law issues related to reporting, including the renewal of the right to use land for construction How to Pay problem. 'at that time, someone commented that it buy a house when the owner has paid the land transfer, after the renewal should not pay, others believe that the renewal of a small amount of land use fee payable. there is also another view that the renewed term of the land use fee and according to development of the situation, and then when otherwise provided by the state. '

CASS academician Professor Liang has written reviews << Property Law >>-making process on the issue of the renewal fee discussions. He mentioned that after three deliberations << >> draft property law, has for the community for comments, 'Some people think, tenants have paid to buy the land transfer, after the renewal should not pay someone believes that the renewal of a small amount of fee payable..' legal Commission said: 'the renewal of construction land use right ., should distinguish between residential land and non-residential land, we must focus on the protection of the people live and work 'accordingly, the fourth draft into consideration that a revised as follows:' after the construction of the renewal of land use rights, the right to use land for construction shall pay land use fee. standards and methods renewal period, land use fees paid by the State Council. '

'Although there are many different opinions, but everyone's mind is unified, summed up, is to distinguish land for construction of residential and non-residential, thousands of families of the people to unity impossible to renew public interest in the construction of residential networks should open side, but also do not charge this issue should also be a different matter. 'Hu Jihua said.

Yao Hong also noted that 'since the automatic renewal, then renew or need to pay? This question is more complex.' She said, was the view of experts is that the issue of fees, should be determined as the economic development and the current time from the expiration of the right to use is still very long, so I put this question left.


If the renewal fee How much income?

Expert: NPC Law Committee made a careful decision based on the actual situation

Fourth Review draft << >> draft property law, since the issue has been referred to the payment of land use fees, experts and scholars was involved in legislation, in the calculation of the cost aspect is how the discussion? Why is the introduction of the final provisions of the content occurs change?

'With regard to how charges, have various opinions, it was felt, should not be closed, also it suggested that the fee income, or even if it should receive less income.' Hu Xin Ji Hua told reporters, when the Legal Committee discussed when the question is raised, the renewal fee is to pay 10 dollars, or how much money you want to pay it? as well as proposed, assuming a sub-unit housing is welfare housing, 30,000 yuan to buy it, 70 years later, How much is the renewal of the cross? is higher than 30,000? or only pay 10 dollars fee? 'but then in the discussion, you have no say in the end how much to pay, but do not intend to pay several hundred thousand large sums of money. '

Hu Ji Hua said, October 27, 2006, submitted to the NPC Standing Committee to consider draft sixth time, the Standing Committee members believe that the charges, first, our views are inconsistent, the second is Real Estate Management Law << >> specify whether residential or non-residential should apply a year in advance, and then after the payment, which is << Property law >> provisions are inconsistent. in addition, national policies which need further consideration. in this case, in a hurry to do a charge related provisions, relatively defect, there is no requirement to do further.

Professor Liang also mentioned that << the Legal Committee to the National People's Congress made on Property Law (draft revision report >> shows that the Standing Committee of the automatic renewal provision, generally favor the same time, some members questioned renewal charge is appropriate, recommended further research study of the NPC law Committee considers whether to pay land use fees for renewal after the issue, the relationship between the vital interests of the masses, tricky, currently provided for in this law as not appropriate then, can further careful study of the actual situation. Therefore, the proposed deletion of this provision on a land use fee.


70-year right to use the possibility to extend life?

Experts had proposed to extend the life of the provisions or cancel

May 19, 1990, the State Council promulgated urban state-owned land use right transfer and transfer of the Provisional Regulations, the provisions of residential land transfer period of up to 70 years. 70 years of tenure, in the end come from?

Beijing Aerospace University Law School professor Liu Baoyu analysis, then make such provision, in addition to taking into account the statistical year of Chinese people's average life expectancy is about 70 years old, also taking into account the life of the house, according to China's building code requirements, the life of ordinary houses about 50 years to 70 years. 'so after 70 years, housing construction is still intact, and may also be the case for decades lived on, almost non-existent.'

Liu Baoyu said that if the quality of housing is better, and well maintained, nor any disaster, life may be extended for several years, but can only be regarded as a residual value, 'then only possible demolition and inheritance.'

Hu Ji Hua said that when drafting << Property Law >> when, in terms of occupation time, some experts of the Legal Committee proposed that the existing residential land use right period is too short, the proposed extension of 100 years or 150 years. Some of it is proposed to abolish life provisions. However, taking into account other aspects of land management policies and regulations, as well as keynote >> << Property law, land use period, there is no written.

Written / Beijing News reporter Zhao Shi

Editor: Li Feng

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Traditional Chinese: “物權法土地權自動續期是為簡化程序”