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Study Of Rural Land Use Right System

Posted on:2007-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:B Y ZhangFull Text:PDF
GTID:2206360185984940Subject:Civil and Commercial Law
Abstract/Summary:
The right to use of house site has affected the interests of all fanners amounting to 900 million in China. It provides fundamental basis for economical development, social stability of the rural area and settlement of farmers accounting for 80% of the population. As the rapid development of market-oriented economy and real estate, the house site become more and more important while it raises lots of problems related to the right to use of house site. So it is necessary to discuss this right deeply, regulate it lawfully, distribute it reasonably and promote it operate effectively.This thesis has been divided into three parts:The first part concentrates on the legal fundamentals of this right. At the beginning, it traces the history of this right, and then discusses the meaning of it and the relationship between it and ownership. And then it determines the nature based on the above discussed. At last, it points out the characteristics of this right.The legal relationship of this right is discussed in the second part. It analyzes the subject, object, content, obtainment, eradication as well as the process from obtainment to eradication of the right to use of house site. At last, it discusses problems of one family one residence and purchasing house site by towners, which are in dispute theoretically and practically.At last, it concentrates on the circulation of the right to use of house site. It suggests that it should establish "valuable, terminable and mobile" legal system regulating the right to use of house site which is consistent with the framework of state-owned land use right to make it to be the governable and realizable property right in farmers' hands.
Keywords/Search Tags:House site, The right to use of house site, Surface right, Circulation
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