China News Agency, Beijing, July 31 (Reporter Gao Kai) In response to issues related to whether to pay for the 70-year property rights renewal of residential construction land, experts from the Chinese Law Society stated in Beijing on July 31 that the State Council and local governments need to be based on specific circumstances. Make further detailed arrangements and regulations.
Article 359 of the "Civil Code" stipulates that when the term of the right to use residential construction land expires, it shall be automatically renewed. The payment or reduction or exemption of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.
After the publication of this code, which is regarded as "full-time protection", the "automatic renewal" in it has made many people feel at ease, but "the payment or reduction of renewal fees shall be in accordance with the provisions of laws and administrative regulations." New questions about payment.
At a briefing on the Civil Code and its implementation held by the Information Office of the State Council of China on the same day, Wang Liming, vice president of the Chinese Law Society and member of the Academic Committee, and Sun Xianzhong, member of the Academic Committee of the Chinese Law Society, responded to related issues.
Wang Liming said that related issues caused great controversy when the Property Law was enacted.
Wang Liming stated that Article 359 of the Civil Code establishes the rule of automatic renewal of residential construction land after expiration. This is an important rule established by the Property Law in 2007. It can be said to give the people property rights or the most important property of the people—house ownership. The special regulations for protection really give people a reassurance.
Regarding the question of whether to charge a fee after the property right expires, Wang Liming believes that it cannot be free of charge first. He pointed out that some of the residential construction land period is only 20 years, and some are 70 years. At that time, the payment for 70 years is different from the payment for 20 years. The exemption is obviously unfair.
At the same time, he pointed out, but it can't be paid again like paying the land transfer fee. This will add too much burden to the people.
In response to the problem of inconsistent payment deadlines in practice, Sun Xianzhong suggested: "If the fees paid by ordinary people are already long, it is recommended not to charge again. If the deadline is indeed relatively short, you can consider charging a little fee."
Wang Liming said: “If it had been 70 years since then, could it be possible to pay less or not to pay? These issues are worth discussing. The current regulations are left to the special law and the administrative regulations of the State Council to formulate detailed supporting regulations. Special regulations are made on the issue of fees."
Regarding the relevant provisions in the Civil Code, Sun Xianzhong said: "From a legislative perspective, this task is basically completed, but some issues need to be further implemented."
He pointed out: “The next step may require the State Council and local governments to make further detailed arrangements based on specific circumstances. The arrangement of the housing system involves the major interests of most people, and I hope that relevant agencies can handle it properly.” (End)