The Lack And Expansion Of Rural Real Estate Disposition Power

This paper mainly discusses the disposition power of rural real estate system in China, real property rights system as the starting point. In perspective of property law, analyzing existing problems about disposition power of China’s rural real estate property. Drawing the relevant advanced rules and practices of domestic and foreign typical parts on the disposition to the real right for usufruct of rural land. On the basic of the situation of our country and the Third Plenary Session of eighteen and other rural work conferences’ new decisions, discuss the three parts’ practices of allowing the management of rural collective construction land to share the same right and price as the state-owned land in the land market to transfer, rent out, bring in business, allowing farmers to transfer, mortgage,guarantee and become shareholders, the rural homestead system being reforming and push forward the housing property rights to guarantee, mortgage and transfer, then put forward the relevant suggestions to improve the rural real property disposal rights, standardizing land disposition power, guarantee the realization and relief of the expansion on land rights and interests.Besides introduction and conclusion, this paper is divided into four parts. The first chapter is the overview of countryside’s immovable property disposition power, including rural real estate theories and connotations. Disposition right can be divided into fact and legal disposition, the legal disposition can be divided into property disposition and obligatory right disposition. The second chapter talks about the lack of real property disposition right in rural areas. Through studying of the relevant legislative systems, summing up the restrictions on scope, pattern, subjects’ qualification and so on. And then summary the reasons and caused adverse effects. The third chapter is the countryside expansion of immovable property disposal rights. Based on the expansion of theory and practice, enlarging scope, pattern, subjects’ qualification aspects of disposition. The fourth chapter is mainly on improvement of China’s rural immovable property disposition power. According to the specific situation, guarantee improvement of rights and interests about the mortgage of rural land contract management right, applying compensation to utilizing the contracted management of land power and shareholders who buy shares using their land right.