The Acquisition Institution Of Rural Housing Land Usufruct Rights In China

"Rural housing land which has national character is unique to our law." The purpose of setting up the institution of rural housing land is to offer houses for famers to live. The institution of rural housing land in china has undergone several changes and determined after the reform and opening. It plays an important role in management of rural housing land. But there are still some loopholes which raise a few issues, for example one family has several rural housing land which is closely associated with the acquisition institution of rural housing land usufruct rights. The author makes the contradiction between the OPFORHS (one peasant family can only acquire one rural house site from the collective) and the phenomenon that one family has several rural housing land as a starting point, analyses laws about acquisition institution of rural housing land usufruct rights, discourses the defects and reasons of the acquisition institution of rural housing land usufruct rights and puts forward several measures to improve this institution.The paper analyzes this proposition by ways of empirical analysis, cases analysis and document analysis and describes the relationship between the OPFORHS and other institutions of land. This institution plays an important role in the land management. It makes sure that famers can enjoy rural housing land equally and the rural housing land can be used reasonably. But this institution is hard to enforce for its defects. We must improve the relevant laws and facilities to guarantee the implementation of the institution.This paper contains four parts, namely:Parti:Laws about the acquisition institution of rural housing land usufruct rights in China. This section lists current legal provisions on this institution and discusses it from the view of OPFORHS to offer legislative authority for the later content.Part2:The defects of the acquisition institution of rural housing land usufruct rights in China. This section discusses the defects of this institution from the view of legal missing, lax approval and lax supervision.Part3:The reasons of defects of the acquisition institution of rural housing land usufruct rights in China. The author summarizes political considerations, the cost of reform, the wishes of farmers and characteristics of the law as reasons by analyzing the development process of the acquisition institution of rural housing land usufruct rights.Part4:Measures to improve the acquisition institution of rural housing land usufruct rights in China. The author puts forward several measures to improve the institution from the view of improving legislation, managing the approval strictly, strengthening the management and long-term planning.