Research On The Circulation Of Using Rights Of The Rural House Site

Land is not only the first important survival condition of human being, but also the basis of economical and social sustainable development. People must cherish the land and use it reasonably because of its non-renewal. Land within China belongs to the country and the collectivity, in order to make sure the villagers can have the basic survival condition, our country have developed the using right system of the rural house site, and distributes the land belongs to the collectivity to the villagers to build houses. After analyzing the current system of the using right of the rural house site, the author makes it clear that the current legislations are divorced from the reality, and states how the courts handle the related disputes, and then gives the specific suggestions on how to perfect the system as a reference.This thesis is composed of four parts except the introduction and the conclusion:The first chapter is about the basic content of the using right of the rural house site. According to the current law, the author has defined that the using right of the rural house site is the villagers' using right to the building land which the ownership belongs to the collectivity, the using right of the rural house site belongs to the exclusive person, it is distributed to villagers for free and no using time limit. As a usufructuary right, the using right of the rural house site has four function of possessing, using, benefiting and handling.The second chapter is about the legal framework of the using right of the rural house site. The author analyzes the provisions of the current law, regulations and the country's policies, and points that our country limit the circulation of the using right of the rural house site and forbid circulating the using right of the rural house site and the house built on it to the town residents. But this system based on the planed economy can't adapt to the development of the contemporary market economy, and brings heat discussion among scholars. Beside, the author also illuminates the two major viewpoints of limited circulation and free circulation and reasons.The third chapter is about the several major circulation manner of the using right of the rural house site including but not limited to inheriting, mortgaging and transferring. The author does the positivism analyses based on the specific cases, and illuminates how the courts deicide the efficacy and the legal effect of the circulation.The forth chapter is about the situation that the system of the current using right of the rural house site have already been breached by reality. The author illuminates that it is necessary for legislators to change this system, the author also gives specific advises to perfect the system in order to make the circulation more reasonably and effectively.