A Research On The Inhertance Of Farmers’ Land Right

As the result of the need which is changing and developing with the revolution and reformation of China, the land authority institution of famers in our country has formed. It formed in the planned economy, which aims to guarantee the basic living of vast famers. With the development of the reform and openness and market economy, the farmer’s land contract and the usufruct of housing-site have also been a kind of resource, which leads the contracting of the land of business and the housing-site to have a conflict between political value and market value. But the law about the the flow of the farmers’land doesn’t keep up the change of the development of economy. It specifies which has a fixed form such as subcontraction, assignment and rent. Inheritance is not the flow. The inheritance law in our country has been a history of30years since it was published. The range of the inheritance need a further extension, The inheritance of the property of farmers is a realistic and theoretical issue that can not be evaded.The rights of the farmers’ land include the collective land ownership, the contract of land of business, the usufruct of housing-site and the compensation for land acquisition. There is no inheritance issues in the collective land ownership which belongs to the collective economy organization. The inheritance has a right to inherit the compensation for land acquisition which is the personal legal properties. There is no argument in the two rights. There is a big argument about the inheritance in the contract of land of business and the usufruct of housing-site, which belong to the collective economy organization. The farmers only have usufruct of the two rights which are is strictly limited. According to the rules in the property law, the contract of land of business and the usufruct of housing-site have the property of interest which is able to flow. And inheritance is a kind of flow. So the contract of land of business and the usufruct of housing-site can flow. The land is immovable property. Registeration is a necessary factor in the right and acquirement of the immovable property. It have to be registered in the acquirement of the contract of land of business and the usufruct of housing-site. It can decrease the risk in the flow of rights and take an advantage of the reform of the land structures if the inheritance has a registeration.The related laws make a limit to the object of the inheritor of the contract of land of business. It make rules to the rights of inheritance. The people who have the contract of four kind of wasteland have right to inherit and so as the forest land contract right which has the family as the subject inheritor. It deprives the cultivated land contract right of the object inheritors who are the family which has a big rate in the contract of business. It should be corrected. The related laws make a limit to the object of inheritors, which consider the identity of the contract of land of business. The inheritors should be the member of the collective economy organization, which makes a serious disadvantage in the flow of contract of land of business. It deprives the inheritance of the people who are not the member of the collective economy organization. There is a need to release the limit of identity in the object inheritors of the contract of the land of business.With the reformation of rural economy structure, the changing of the farmers’ identity, the flowing of the urban and rural population and the improving in the nonagricultural degree of the farmers’ children, there are more and more issues of the usufruct of housing-site. There is a need to release the limit to the usufruct of housing-site, due to the conflict between the inheritance of the house-ownership and the non-inheritance of the housing-site. The inheritors have the right of inheritance of the housing-site when there are buildings on the housing-site. Of course there is a need to make a few afford and span limit to the inheritors who are nonagricultural or have had a housing-site. It harmonizes the people who are the owner of the housing-site and the people who use the housing-site.