Study Of Rural Residential Land Use Rights System

Rural residence land is the land used for house of peasants, and it is the important component of the rural land. In our countryside, rural residents do not enjoy land ownership only enjoy right to use. The system of usufruct right on rural residence land concerns the peasants' survival and the social stability of rural country. But about such an important system, there are few systematic researches on it for so many years. During the process of making the law of real right of our country, as to how to construct a land system in our country is a focus studied by scholars. However, even if under such an environment, the system of usufruct right on rural residence.land can only be as a content of attaching, have not got the due attention.The lack of deep research to the system of usufruct right on rural residence land causes resources of present law about system of usufruct right on rural residence land to be deficient. Adjusting related civil relation of usufruct right on rural residence land mainly depend on the files that were issued in 1950's or 1960's. Facing of the reality which the rural economy society develops rapidly, how unconvincing and unable these laws seem. Then, there were many confused phenomena such as wasting, which have influenced the steady overall situation of the rural society.To solve the problem existing in the system of usufruct right on rural residence land and construct the system of usufruct right on rural residence land is a basic goal of the writing of this text. In order to achieve this purpose, this text is on the basis of studying current system of usufruct right on rural residence land of our country, it defines the legal nature of usufruct right on rural residence land, at the same time on the issue that how to structure the new system of usufruct right on rural residence land,it has carried on bold system innovation without losing contact with reality.Besides foreword, this text can be divided into three parts to launch:Part 1 Current system of usufruct right on rural residence land. Any reforms are carried on the certain basis, so the part is a foundation of this text. This part has analyzed the formulation course of the current usufruct right on rural residence land in our country, has combed regulatory files, such as main law, policy related to system of usufruct right on rural residence land etc, and has emphatically introduced the essential feature and main content of the usufruct right on rural residence land, and has carried on proper expansion to the concept of the emphatically actually according to the countryside.Part 2 Nature research of the usufruct right on rural residence land. Clarifying the nature of the usufruct right on rural residence land, making it get the correct localization legally, it is the foundation of studying system of usufruct right on rural residence land, and it is the key to reforming current system of usufruct right on rural residence land. It originally starts with from introduction of the present science fruit of usufruct right on rural residence land, compares the usufruct right on rural residence land with the superficies in traditional continental law.Part 3 the basic study of the reform of the system of usufruct right on rural residence land. This part is prepared for the concrete system design of the usufruct right on rural residence land. There are three basic problems mainly in this part: the first is the current defects in practice of system of the usufruct right on rural residence land; the second is overall train of thought, realistic foundation and basic principle of the system reform of the usufruct right on rural residence land; the last is the perfection of the relevant system of the rural collective land ownership.Part 4 Construction of the concrete system of the usufruct right on rural residence land. In this part, I probe into the acquisition and circulate system of the usufruct right on rural residence land. I think the acquisition of the usufruct right on rural residence land can go on as follows improving. First, the acquisition of the usufruct right on rural residence land must accord with certain conditions, including subject conditions and other condition; Second, the establishment right of the usufruct right on rural residence land should come back to the rural collective land owner; Third, the payable acquisition of the usufruct right on rural residence land. As to the system of circulating of the usufruct right on rural residence land, I think the following reform should be carried on: First, Forbid the usufruct right on rural residence land circulate out of the collective organization; Second, in order to protect the peasant's ownership to one's own house, the peasant should be allowed to freely dispose his house; Third, it can set up and the lease system of the usufruct right on rural residence land.