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70 years of property rights, there is a saying that the government makes buying a house "worry-free."

Recently, the Opinions of the Central Committee of the State Council on Improving the Property Rights Protection System to Protect Property Rights according to Law was officially released, which clarified the principles of further improving the modern property rights system and promoting the legalization of property rights protection. This can eliminate residents' long-term concerns about property rights, alleviate the pressure of capital outflow of the wealthy class, and guarantee farmers' land property income, thus promoting the new urbanization process of settling in small and medium-sized towns and accelerating the destocking of real estate in third-and fourth-tier cities, which has a positive effect.

The renewal of land use rights and the clarity of property rights can alleviate the pressure of capital outflow and accelerate the destocking of third-and fourth-tier cities in the long run.

Study the legal arrangements for the expiration of the subsequent term of land use rights such as residential construction land, and promote the formation of a good and stable expectation of the whole society for the long-term protection of citizens' property.

Comments: China is a country with state-owned land, and the right to use residential land is only 70 years, leaving the follow-up period of the expiration of land use rights. There have been many speculations in the market before, and there are two representative ones: one is automatic renewal after the expiration of 70 years, which is equivalent to the indefinite property right of residential land use right, that is, once it is used permanently; Second, in the process of automatic renewal after expiration, lower taxes and fees can be charged.

In view of the 70-year renewal of the right to use residential land, the Opinions clearly point out that it is beneficial to the protection of property rights as the design direction of relevant systems in the future. Its benefits are self-evident, mainly including the following two points:

The first is to ensure the safety of residents' houses and property and ease the pressure of capital outflow in overseas real estate market. Affected by the US dollar interest rate hike in June 5438+February, the expectation of RMB depreciation has revived recently. The exchange rate of RMB against the US dollar once approached 7%, and citizens have a strong willingness to exchange dollars. For a long time, China's real estate market has interpreted the myth of "unbeaten housing prices", especially in hot first-and second-tier cities. Therefore, citizens have gradually formed the habit of investing in real estate, and real estate has become an important direction for the allocation of large-scale assets of residents. Under the background of capital outflow in overseas markets, overseas real estate is gradually welcomed by the market, especially those countries with rich educational resources and loose immigration conditions, which have gradually become the first choice for wealth-creating groups to invest.

In sharp contrast, the basic system design of China's real estate market is relatively backward, for example, the follow-up period of 70-year use right expiration has not been solved. For security reasons, the trend of investment funds flowing out of overseas real estate market is more and more obvious under the superposition of RMB depreciation expectations. The "Opinions" clarified the direction of property rights protection, which can be said to dispel the worries of the majority of buyers and alleviate the pressure of capital outflow in the overseas real estate market to some extent.

Second, it is conducive to the public's peace of mind, supports the sustained release of housing demand, and accelerates the process of destocking in the property market, and small and medium-sized cities benefit more. Third-and fourth-tier cities are subject to the long-term net outflow of population, housing demand is difficult to explode, and high inventory risk continues to operate at a high level. If we make up for the vacuum and loopholes in the basic system of the existing real estate market, it will help to enhance the confidence of buyers in entering the market and stimulate some buyers who are still in the wait-and-see stage to enter the market in advance, so as to realize the destocking of the property market faster.

It is worth mentioning that in recent years, cities are stepping up the implementation of the real estate registration system. Shanghai and Chongqing, the first batch of pilot cities, have taken the lead in levying property tax for five years, and it is the general trend to levy property tax nationwide. If the land use right expires and high taxes are levied again, the problem of repeated taxation will inevitably occur, which will obviously inhibit the normal release of a large part of the demand for housing, which is contrary to the main tone of the central destocking.

Perfecting the system of property expropriation and requisition is helpful to speed up the transformation process of urban villages and shanty towns.

Improve the legal system of land, housing and other property expropriation and requisition, reasonably define the scope of public interests applicable to expropriation and requisition, do not expand public interests, and refine and standardize the statutory authority and procedures for expropriation and requisition. Follow the principle of timely and reasonable compensation, improve the state compensation system, further clarify the scope, form and standard of compensation, and give fair and reasonable compensation to the expropriated person.

Comments: For a long time, the expropriation of land, houses and other property has some problems, such as large discretionary space of administrative organs and unfair and unreasonable compensation standards. In the process of expropriation, various property disputes often occur, and even mass incidents may occur in extreme cases. Perfecting the legal system of expropriation and requisition of land, houses and other property is conducive to speeding up land circulation and alleviating the pressure of land supply, especially in hot first-and second-tier cities.

It is worth noting that there are two major problems in the land market of hot first-and second-tier cities: First, the land supply is limited for a long time, and the land supply index is decreasing year by year, which leads to increasingly fierce land auction, high premium and even land competition, and land prices and house prices are facing greater upward pressure; Secondly, many renovation projects in urban villages and shanty towns are pending, which not only affects the city appearance and environment, but also has a great negative impact on the city image construction and is not conducive to intensive land use. Restricted by hot spots, the land supply in first-and second-tier cities is getting more and more tight. Strengthening the transformation of villages in cities and shanty towns is an effective way to increase the land supply.

Guarantee farmers' land property income and provide material guarantee for "300 million people" to settle in cities.

Deepen the reform of rural land system, adhere to the bottom line that the nature of land public ownership will not change, the red line of cultivated land will not break through, the grain production capacity will not be weakened, and the interests of farmers will not be harmed. Proceed from reality, adjust measures to local conditions, implement the usufructuary right of contracted land, homestead and collective operating construction land, give farmers more property rights and increase their property income.

Comments: This year's Central Economic Work Conference will take destocking as one of the five major tasks. Encouraging migrant workers to buy houses in cities has risen to the political level of resolving real estate inventory, and various provinces and cities have actively followed up and stepped up their implementation, and introduced various measures to encourage farmers to buy houses in cities. For example, in early September, Shenyang once again issued Supplementary Measures to Promote the Healthy Development of the Real Estate Market, encouraging development enterprises to give support such as "down payment and installment payment" and encouraging financial institutions to give preferential interest rates for housing loans.

However, there are also some problems for farmers to buy houses in cities, such as low property income and generally insufficient down payment ability. As an important part of farmers' property, homestead has many restrictions in mortgage, transfer, sale and other transactions, which makes it difficult for farmers to dispose of and realize, and it is difficult to effectively protect the right to property income. Implementing the usufructuary right of contracted land and homestead and increasing farmers' property income are conducive to enhancing farmers' purchasing power, supporting farmers to continuously release new housing demand and accelerating the destocking of the property market.

(The above answers were published on 20 16- 12-05. Please refer to the actual house purchase policy. )

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