Countryside Homesteadright Of Use Legislation Question Research

The countryside homestead is our country general countrysides inhabitant's housing uses, is the farmer most basic subsistence means, is the countryside land important constituent. Under our country countryside land implementation collective all conditions, the countryside inhabitant does not enjoy the land ownership, only enjoys the right of use. The countryside homestead right of use is relates the Chinese 900 million farmers vital interests one kind of special use profit real right. Lives in contentment can be content with one's occupation, the countryside homestead right of use system has stably laid the solid foundation for the rural economy development and the countryside society, should receive the legislation and the scientific theory or principle research enough takes. Conducts the research to the countryside homestead right of use system to have the extremely important theory and the practical significance, but the actual situation is, because the theory lacks the thorough research to it, in the scientific theory or principle to countryside homestead question the and so on right of use nature, power, potency, change, protection discussion and to present system reconsidering also suitable being short of, creates the current related countryside homestead right of use system the law resources to be deficient, facing the rural economy, the social rapid development reality, the existing law, the policy appears palely and weakly. Studies the countryside homestead right of use the theory and the realistic question, and constructs in this foundation suits our country national condition in the suitable length time countryside homestead right of use system is the basic goal which this article writes. This article has used the historical inspection, the comparative analysis, the literature research method, besides the introduction and the conclusion, altogether divides into three chapters. First chapter is the countryside homestead right of use system historical inspection; Second chapter is the countryside homestead right of use legislation draft analysis; Third chapter is the countryside homestead right of use legislation should have the choice.First chapter, countryside homestead right of use system historical inspection. This part revolves the early years of the new nation, to integrate government administration with commune management the time, the villagers autonomous time three stages, has carried on the fact description, the system introduction, the analysis appraisal to our country countryside homestead right of use system. In this part, has analyzed our country present countryside homestead right of use generating process, the historical evolution with emphasis, to with the countryside homestead right of use system related main law, the policy and so on the standard document carried on has combed, and has conducted the thorough research to the countryside homestead right of use present situation, proposed should come the standard countryside homestead right of use by the civil law real right adjustment method.Second chapter, countryside homestead right of use legislation draft evaluation. This part first to the National People's Congress law working committee reality of laws draft, Wang Liming, the Liang comet, Xu Guodong, Meng Qinguo four experts drafts suggested the manuscript, Mainly involves the countryside homestead right of use the concept, the legislation style, the homestead obtains the way, countryside homestead right of use questions and so on limit.Through to the countryside homestead right of use and the land employment right, in the traditional mainland legal system surface rights comparison, proposed constructs our country's countryside homestead right of use system understanding by one kind of special real estate with the profit real right.Third chapter, the countryside homestead right of use legislation should have the choice. This part to the countryside homestead nature, the function and the countryside homestead right of use legal nature and has conducted the research in the civil law status. Obtains from the introduction current our country legal science theory to the countryside homestead right of use nature research achievement, key has conducted the comparison research to the countryside homestead right of use and the tradition with the profit real right. In in the comparison research foundation, unifies our country rural economy society the present situation, is one kind of special real estate uses the countryside homestead right of use localization the profit real right. This part also to correctly processes the good reality of laws with the specific law, the laws and regulations relations; Manifests the inherent method characteristic; Take real right development tendency as legislation guiding; Correct treatment homestead safeguard and real right relations; Treasures the reasonable use land; Country, collective, personal interest proper attention to both; Adapts the China market economy development to need to be the guiding ideology, take between the justice and the efficiency balance as the basic value orientation, obtained, exercises, aspect and so on elimination from the countryside homestead right of use has constructed the countryside homestead right of use system, and proposed in article end the countryside homestead right of use drew up a tentative plan the provision.