Chinese Legal Scholars Discuss Property Rights

Key points: land renewals will be automatic. Individuals that don't pay will not be kicked out of their home, but their transfer rights will be limited (I assume something like a lien will be placed on the property).

iFeng: 《物权法》起草小组负责人江平：宅地到期后业主仍有权居住

"Property Law" drafted by the National People's Congress Law Committee Yao Hong, director of the original civil law, said, "Property Law" stipulates that "automatic renewal" taking into account the interests of the people, the people do not have to line up procedures, more convenient, but also reducing the burden on staff. About the life of the renewal of expired or not to charge, she said, "" Property Law "when the legislation also made this point, but then most of the houses have not expired, so we think that this issue should be resolved with economic development, and then not clearly defined. "

Legal professor Jiang Ping:

China University of Political Science and Law professor Jiang Ping believes that the automatic renewal after the expiry, [govt] not be able to take back property; the second is no need to re-sign a land contract; third, the owners do not need to apply for renewal. However, there is no automatic renewal payment how to do? Jiang Ping made, meaning that there is no automatic renewal of the payment of the owners still have the right to live, but transfer of housing will be limited. Therefore, the automatic renewal does not affect the civil rights of the owners, but to limit the civil circulation.

For automatic renewal does not explicitly paid or unpaid issues, Jiang Ping said, "In my opinion, the fees should be a relatively small." In addition, Jiang Ping believes that the "Property Law" explanation imminent, but not by government departments carried out, but not be able to explain by the local governments, can only be explained by the NPC Standing Committee, it can not be explained by the various government departments, not by the local government department explained.

Other opinions on renewal:

For automatic renewal, Professor of Law, Beijing University of Aeronautics and Astronautics Wei Dragon Ball said that within the existing legal framework, there are four solutions. The first, automatic renewal, without the need to pay land use fees, the termination of the term of up to house ownership is the building to the ground disappears; second, automatically renewed, subject to a one-time payment of land transfer to the next period gold; third, automatic renewal, payment method into a pension scheme, similar to the tax system. Fourth, automatic renewal, without pay, return to a similar state of urban homestead ownership prior to 1982, will be re-privatization of urban housing land.

However, the Chinese People's University Law School professor Zhang Xiang believes that if the automatic renewal of the meaning and automatic renewal is free, he and ownership What is the difference? If in fact privately owned, and will be "the Constitution" Article X of urban land owned by the state conflict. So, now for the automatic renewal substantially no clear answer, especially not get free renewal conclusions.

Regarding the length of rights and cost:

Professor of Law University of Aeronautics and Astronautics Beijing Liu Baoyu believes that 20-year maturity with a 70-year renewal of unpaid unpaid renewal treated equally, then it is not fair. "Developers If you buy the right to use 20 years, residents of housing prices will be cheaper, but if we do not distinguish according to unpaid renewal will be treated for life house is 70 years later unfair, the consequences are very serious, developers to obtain land use rights of 70 years do not buy, buy only the shortest period, the provisions of the land use right term is equal to about useless. "

Civil and Commercial Director of Scientific Research Center of Renmin University of China Yang Lixin, said the maximum period of residential construction land use rights of 70 years, 20 years and did not meet the agreed period of 70 years, the first to be automatically renewed for 70 years, but the period of 20 years expiration of automatic renewal, the owners should pay during the 20 years and 70 years of land use rights transfer price difference. For the calculation of specific transfer price difference, he noted, was the price of gold to sell 70-year period is the number of 20 years or transfer its compared to other periods, the difference is how much, how much it should pay the transfer fee. When pay transfer fees, interest shall be calculated bank loan 20 years, the burden by the owners.