Research On Right Of Use Of Countryside Homestead

Land for building rural house related to the vital interests of the broad masses of peasants. From a certain perspective , it is not only the means of subsistence but the peasants production. It has a special status and importance .The right to use land for building rural house is related to Member qualifications of the rural collective organizations. The right to use land for building rural house is subordinate to the placeon and it is different from the right to use state-owned land. The civil right to use land for building rural house is imperfect, the efficiency to use is extremely low. On the one hand, because traditional city and countryside dual management system, The right to use land for building rural house is at freely, unlimited time and untrade condition for a long time, on the other hand, the present law related to countryside homestead right of use system is very general, also very scattered, and many are some local laws and regulations rules. The transaction of the right to use land for building rural house and the place on has not explicit law to depend on. In practical life, the transactions of the right to use land for building rural house and the place on are many. There are many appeared are separated from the law, the right is affected .It is not complies with the situation. This article thorough researches the right to use land for building rural house and propose legislation suggestion to regulate it.This article briefly introduces the historical evolution of the right to use land for building rural house, elaborates the nature of the right to use land for building rural house, analyzes the current condition to use land for building rural house and present legal system and pointed out the insufficiency of the assignment, transaction and termination. This article adopts the comparison research technique and compares the right to use land for building rural house with related right. In the foundation of research, taking the legislation value as the instruction, this article improves right system from the aspect of the assignment procedure, transaction condition and the management, determines the real estate power ownership and the legal attribute of the right to use land for building rural house and elaborates the possibility of transaction to strengthens the protection to private right. Profiting from surface rights theory of the overseas, this article proposes the legal right to use homestead, solves the between contradiction between the land and the place on ,proposes the legislation suggestion, fully entrusts the farmer collective with surveillance right and standard the management of land for building rural house. I hope this can have the inspiration to the legislation and the fundamental research.