Research On The Legal Issues Of Rural Housing Ownership And Housing Land Use Right Circulation

In accordance with the basic principles of property law, rural villagers should have the right freely to dispose of their own property-the houses on the rural homestead. In fact, under the current regulations in China, due to restrictions on the transfer of rural residential land, to some extent resulted in the rural homestead in the rural village on the obstacles to the realization of home ownership. In this legal situation, there is currently only in rural areas of China real estate market without real estate market. But at the same house and land one of the natural link, then make the transfer of rural housing difficulties, the corresponding transfer of rural housing will not be achieved, then aggravated the housing rights between private and collective ownership of homestead serious legal conflict. According to "the acquisition of land use right, exercise and transfer of Land Management Law and other applicable laws and state regulations," and "rural villagers selling or leasing houses, and then apply for the homestead shall not be approved" requirement, from one side that the law is to allow free flow of rural housing. Also under the "personal property of citizens, including citizens, legal income, housing, savings, household items, books and library materials, trees, livestock and the law permits a citizen of production, and other lawful property" and "the owner is entitled to all possession, use, profit from and dispose of the power "requirement, we can see that, because the peasants ownership of their houses, so it can freely dispose of, to achieve housing transfer. Since the homestead for the collective and, according to "rural collective land use rights shall not be leased, transferred or rented for non-agricultural construction, but, in line with the overall land use planning and land legally obtained by enterprises, due to bankruptcy, mergers, etc. due to the circumstance of legal transfer of land use rights, except "requirement can be considered, rural land use right is not the transfer. With the relevant provisions of the above together, the housing may be non-circulation and flow of rural residential land conflicts clearly exposed. Thus, these two conflicts to achieve a direct result of the contradictions of different ownership, according to "Application for registration of transfer of ownership housing, rural villagers, the assignee does not belong to house members of the local rural collective economic organizations, in addition to laws and regulations as otherwise provided, the Housing Register agencies shall not handle, "the provisions of its domestic farmers is clearly difficult to achieve ownership.Text of law as social norms, as enacted by the social environment and the limitations of written expression, and its prediction of objective matters and adjustments can not cover everything, so a legal gap is understandable, therefore both legal theory and judicial practice of allowing judges through legal reasoning with reference to other legal norms to deal with related cases. But we also must face, as for the handling of such cases there is a huge difference in the practical world, the verdict of the great differences have affected the authority of the law, so the theoretical study is imperative.