The Countryside Homestead Right Of Use Legal Problems

The countryside homestead right of use as a safeguard farmer rights to survival and development of a fundamental right, with the right to contract for management of land, the right to use construction land, easement and listed in China’s real right law usufructuary right and be clear. The countryside homestead right of use in China as a unique welfare nature of the system, a fully reflect the superiority of the socialist system; on the other hand also appeared with the rapid development of social economy the contradiction that does not suit. China’s homestead right of use of the theoretical research, leading to the existence of a large number of legislation legal vacuum, market economic system perfect with each passing day, the current law provisions of the homestead right of use associated with some elements of real operation gradually, the countryside homestead right of use management contradictory intensifies day by day. This article through to the countryside homestead right of use legal system research, in view of the current legal system of the existing problems, focusing on the analysis of land use right system current situation and contradiction, put forward reasonable solutions and perfect measures, balance all kinds of social contradictions, harmonious and stable development of the social atmosphere.This paper is divided into four parts. The first part of this article identifies the object of study, systematically expounded the countryside homestead right of use basic problems. First of all, to the countryside homestead right of use to define, identify a farmer lawfully obtained the possession and use of land rights and land for housing and ancillary facilities construction and other rights. Secondly, from the countryside homestead right of use main body, object and scope of use of three aspects:the homestead right of use characteristics. Once again, the homestead right of use person enjoys to homestead rights and obligations in-depth analysis. Finally, to our country the countryside homestead right of use legislation present situation carries on the elaboration, thus further explanation to the homestead right of use to the significance of the study on. Second, three or four part from the law angle respectively to the countryside homestead right of use, transfer and elimination of made to make in-depth analysis and discussion. Mainly from the acquisition of historical change and present specific classification, present law about the flow regulation and trade current situation, destroy the way and the legal consequences in mind, so as to grasp the reality legislation of specific problems, put forward specific legislative proposals and measures, supporting scheme. In our country national economy overall development, building a harmonious society environment, building a new socialist countryside, farming issue become China’s current development important concerns. Property law while defining a homestead right of use as usufructuary right, legal status, but the homestead right of use the related important problems were not solved, severely hinders the development of the rural economy and rural residents living level rises. According to the full text of the homestead right of use analysis of legal problems, the homestead right of use put forward legislative proposals, but also enhance the work of the legal case study ability.