The Diversified Rights and Interests Appeals in the Process of Renewal of Homestead Use Right
In order to deeply understand the inherent diversified rights and interests of residential owners when the land-use right expires,based on the adequate housing theory,Maslow's hierarchy of needs theory and system theory,the rights and interests of residential owners when the land-use right expires are divided into three levels:ownership,continuous ownership and better continuous ownership.Among them,the rights and interests of the"ownership"level refer to the desire of residential owners to continue to occupy and use the residence;the rights and interests of the"continuous ownership"level refer to the desire of residential owners to occupy and use the residence for a longer period of time when the land-use right expires;the rights and interests of the"better continuous ownership"level refer to the desire of residential owners to be economically reasonable and legally dignified when the land-use right expires.Based on the analysis of practical cases,legal policies and academic disputes,it is concluded that only the rights and interests of"ownership"have been solved at present;the rights and interests of"continuous ownership"and"better continuous ownership"are still in an ambiguous and uncertain state.Therefore,the payment standards,calculation schemes and payment methods for the renewal of the right to use homestead should be clarified,the renewal period and renewal times should be scientifically determined,and the disposability and inheritability of the real estate in the state of land use right to be renewed as well as the application scope,operation rules and security system of the reconstruction right should be clarified.
homesteadexpiration of transferautomatic renewalappeal for rights and interestsrenewal feereal estate right
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