On June 30, 2020, the tenth lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Prof. Zhang Suhua, a doctoral supervisor at Wuhan University School of Law, and director of the Civil Law Research Institute of China Law Society, gave the tenth lecture on the theme of “Unlocking the Housing Problem in the Civil Code”. The lecture was chaired by Prof. Meng Qinguo, Doctoral supervisor at Wuhan University School of Law.

Prof. Meng Qinguo introduced Prof. Zhang’s academic background, academic achievements and her contribution to the codification of the Civil Code, and pointed out that Prof. Zhang serves as the responsible editor-in-chief of the civil law section of Law Review, has a high academic standard.

At the beginning of the lecture, Prof. Zhang expressed her gratitude, and introduced her thinking on the theme of “Unlocking Housing Problems in the Civil Code”, from the four aspects of “condominium ownership of buildings and property management provider”, “automatic renewal of construction land use right after expiration”, “right of dwelling” and “right to use the homestead”.

First of all, Prof. Zhang made an interpretation around the issues related to condominium ownership of buildings and property management provider, from seven aspects as establishment of owners’ congress and owners’ committee, rules of procedure for owners’ congress, activation of maintenance funds, proceeds from the use of the common part, the obligation of prevention and control of property management enterprises, the obligation of safety and security of property management enterprises, and jural relations in property service contracts.

Secondly, Prof. Zhang expounded her views on the automatic renewal of construction land use right after expiration. Prof. Zhang held that the renewal of residential and non-residential construction land should be solved together after expiration, and the former is more urgent. The planning of construction after automatic renewal should be combined with the actual. Renewal fees shall be paid in the form of tax collection, and the standard of renewal fees deduction needs to be further explored. In the case of automatic renewal without payment, the owner’s right of dwelling should not be affected.

Thirdly, Prof. Zhang discussed the right of dwelling from three aspects: the value orientation and function, the establishment methods, and the expanded explanation in application. First, the value of the right of dwelling should be brought into full play to meet the living needs of urban and rural residents and serve the revitalization of rural areas. Second, the right of dwelling is set up by agreement and is free of charge in principle, but there is room for statutory establishment and paid-way of the right. Third, the application of the right should be explained to a certain degree.

At last, Prof. Zhang discussed the right to use homestead from two aspects: rural hollowing and rural old house problem. Prof. Zhang deemed that the right to use homestead should respect the opinions of the masses and conform to the local reality.

Prof. Meng summarized Prof. Zhang’s lecture, and discussed with Prof. Zhang on the automatic renewal of construction land use right after expiration. Prof. Meng held that “automatic” means that there is no need to declare and the renewal is free of charge, and legislative technical fuzziness is actually the strategy of legislators.

Prof. Meng once again thanked Prof. Zhang for her wonderful speech. The lecture was concluded with warm applause from all the teachers and students.

The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.

Edited by Yuan Yuhang & Wu Liuqing