Research On The Right To Use House Sites

The right to use house sites, which is wrriten by The Real Right Law of the People's Republic of China, is a special usufructuary rights regime. It is the unique features of China's a real right regime. The conflics between the reality's complexity and theory's distemperedness is increasing. It has double meanings from the theory and legislation to explore the characteristic and disadvantage of the right to use house sites, in order to explore a benign operation system to guarantee of the right to use house sites.This thesis present the regime and reality of the right to use house sites, in order to protect the interests of farmers, combining the theory and academic research materials and the laws and regulations, and learn from foreign advanced experience, according to the legislation of the outstanding pilot operation experience all four chapters, the system of the right to use house sites of empirical research and deep theoretical analysis. First, the author compare the real rights regime of the continental law system with the right to use house sites in China, using the method of legal interpretation and history comprehensive analysis to confirm the nature and basic characteristics of the right to use house sites regime, and then from two fundamental theory of the right, analyzes the theoretical basis that the regime of the right to use house sites design should follow. Secondly, from the Angle of empirical research system comprehensively analyzed the institutional defects and reasons for the right to use house sites in order to find the starting point and the foothold for perfecting the right to use house sites of institutional path. Finally, from the acquisition, circulation, eliminate and registration of the right to use house sites, perfecting the right to use house sites was discussed, and the improvement Suggestions are that we should make clear main scope of the right to use house sites, procedures and part of the system of compensated use, realize the limited circulation of the right to use house sites, strictly regulate the right to use house sites of its legal consequences, eliminate system from the body, content, organization and procedures for scientific view uniform registration system of the right to use house sites.