Research On The Right To Use Rural House Sites

The right to use rural house sites is the form of usufructuary right peculiar to our country, and it has no well-considered legal system of western developed country to draw on. The right to use rural house sites needs improvement in its system design, legal norms, nature of right, various powers and functions, and protection mode etc.This essay includes four chapters:The distinguishing features of the right to use rural house sites has been induced and its nature has been analyzed in the first chapter. First, according to the understanding and analysis of the laws, statutes and documents of our country, on the basis of the national history and current conditions, the distinguishing features of right to use rural house sites have been induced as follows: restriction of identity, restriction of object, indefinite duration, restriction of circulation, restriction of applicable scope, unpaid acquisition. According to the analysis of the above-mentioned distinguishing features, on the basis of current viewpoint and theory on right to use rural house sites of the educational circles, the conclusion for nature of right to use rural house sites is as follows through comparing the similarities and differences with the conception of above-ground right: the nature of right to use rural house sites should be set as a civil right transiting from category of public right to category of private right, and it is an independent form of usufructuary right under the current socialist market economy system of our country.The right changing forms of right to use rural house sites, such as acquisition, circulation and extermination etc., have been mainly analyzed in the second chapter. For the acquisition of right to use rural house sites, the analysis related to the current various situations of original acquisition, derivative acquisition of the right to use rural house sites is made in this chapter, and the existing issues of the current acquisition system is also put forward in this chapter. Next, the analysis related to the circulation of right to use rural house sites is made by the analytic method of actual evidence, and the viewpoint related to the circulation of right to use rural house sites is put forward as follows: the current circulation conditions has not been well-considered, the direct circulation of right to use rural house sites is not agreeable. At last, the analysis related to the extermination system of right to use rural house sites is made and the existing issues are put forward in this chapter.The powers and functions of right to use rural house sites have been analyzed in the third chapter. First, the analysis related to the occupation, usage powers and functions of right to use rural house sites is made in this chapter. Next, on the basis of the current social situation the analysis related to earning powers and functions of right to use rural house sites is made as the income is fulfilled by natural fruits and legal fruits, and the legal fruits are usually the rental for leasing homestead house by practice analytic method. At last, the analysis related to the powers and functions of disposition of right to use rural house sites is made in this chapter, and the conclusion is: the right to use rural house sites has the powers and functions of disposition, and the powers and functions of mortgage for homestead house can be fulfilled. The assumption for the protection mode of right to use rural house sites is proposed in the fourth chapter. The proposal and assumption for support system of right to use rural house sites protection is put forward in this chapter by using the method of reasoning deduction: the proposal of strengthening the legislation is put forward by taking into consideration the current insufficiency of legislation; the solution for attribute of real right for right to use rural house sites weakened by administrative power through comparison and analysis; according to the analysis of actual evidence, the mandatory registration system, deadline system, price evaluation system of right to use rural house sites is proposed to be fulfilled for furthering that the right to use rural house sites becomes a property; the suggestion that circulation of homestead house replaces the circulation of right to use rural house sites is put forward through analysis with examples; the social focus events are appraised through comments, and the standardization of private relief issue for right to use rural house sites is put forward.