Study On The System Of Rural Housing Land Use

Chinese peasants, who account for 80% of the population, build their houses according as the system of using rural sites of houses. It is the system that provides the necessary conditions for the survival and development of Chinese rural population, and for the stability of the rural society. There are two kinds of rights and one kind of power should be referred in the system, including the property right of rural sites of houses, the right to use rural sites of houses and administration of rural sites of houses. The former two are civil rights, while the latter one belongs to administrate power. In the past, by the background of the planned economy and highly centralized political system, the private rights of citizen and collectivity were usually ignored. The government used to control rural sites of houses by administrating orders. With the development of the China economy, lots of problems appears upon managing rural sites of houses, which can not be resolved through the single administrating method. As far as the market-economy countries in the world are concerned, all of them take the private rules as the central measures in collocating the land resources. The world advanced experience and goal of Rule by Law tell us, the civil rules on property rights should be attached importance to regulate rural sites of houses. The continental-law countries usually focus on how to maintain the ownership and to regulate its transfer in estate law, and one of their important purposes is the property protection. China is a public-owned country; the special situation of China determines that the land property right can not be put into the market directly as a tradable one. We must make use of the land usufruct as the media, which lays the foundation for our tradable real estate. The "China Characteristic" determined that the reform of exist system of rural sites of houses, shouldfocus on the usufruct, bases on property, and appends the administrate power as the assistant measure. The three relate organically and execute harmoniously to build the late-model rural housing land system.The dissertation consists of three sections.First section: the summary of the system of rural sites of houses. The author looks back its improvement in history and its existing rules, introduces the general situation of the system in our country, which is the practical legal structure for deeper study. The author locates the leaks in five aspects as obtaining, using, transferring, vanishing, and administration in existing system of rural sites of houses. The reform for the existing system is imperative under the objective situation.Second section: the time background and theory arguments of the system reform. The author expounds the study from three aspects, that is, the change of the economic basis and the conversion for the farmers' idea, the reform of the registered permanent residence and strategy of industrialization and urbanization, the protection of the plow land and promotion of agriculture. The author analyses the theoretical debates about the existing system, so as to introduce the time background and theoretical precondition for a new one, to provide historical soil, and to break through the bottleneck for the late-model system, which is more scientific and more logical.Third section: the reform and improvement of the system of rural sites of houses, this is the section that the author focuses most which becomes the best part in the dissertation. First, the author points out that there are three directive ideas to build a new system of rural sites of houses, That is, combining the traditional legal characters and existing system, strengthening the private feature, and benefit from the development with thestable circumstances. Second, the author discusses respectively the reform blue print of the property right, the usufruct, the administrate power. The property right is the logical basis for the system practice. Its subject "peasant collectivity" should be defined clearly and accurately according to the different levels and forms collectivity. The author claims that the right to gain back the land should be empowered for the landowner, so as to regulate and control the usufruct abusing, and to prevent the land wasting that is confiscated by government. The traditional measures used to be the whole show. Its administrating scope should be limited as to drop out from the private precinct. And its administrating methods should be fixed as to build up the new concept such as administration by law, ministrant administration and so on. The author provides the detailed proposals for the reform. Basing on ground rent theory from Marx, the author claims that the income in transferring should be distributed reasonably among the different Subjects of right. Thus, the property right of rural sites of houses can be fulfilled economically, and the normal administration of government can be ensured.