Establishment Of Homestead Right Of Use

In the rural areas of China,housing land is an indispensable part of the life of rural residents.At present,China has entered the period of rural reform.In order to deal with the new situation and solve the new problem,the state proposes to protect the rights and interests of farmers,and to reform the rural residential land system.The key to reform the rural residential land system lies in two aspects: the circulation of the right to use the homestead and the establishment of the system.However,scholars pay more attention to the circulation of the right to use the homestead,and ignore the research on the establishment of the right to use the homestead.This paper attempts to establish a more careful study of the establishment of the right to use the homestead,the analysis of the existing problems in the system,and then hope to put forward effective ways to solve these problems.This paper is composed of three parts: introduction,main body and conclusion.The introduction mainly introduces the background and significance of the establishment of the system of the establishment of the right to use residential land,the research status,research methods and innovation points.The main body consists of five parts.Part one,basic theory of the establishment of the right to use the homestead.Based on the analysis of the concept of the right to use the land use right and the right to use the homestead,this part analyzes the various theories to determine its nature.Because of its concept and nature of the right to determine the construction of the relevant system.Part two,the historical evolution of the establishment of the right to use the homestead.This part summarizes the main body, the object and the procedure of the use right of the house.The general trend is to restrict the increase of the conditions,the expansion of the power, the system of norms behind the social development.Part three,the entity system of the establishment of the right to use the homestead.Main body emphasizes the importance of decision making andApplication.The object limits the area and quantity of land.And put forward to the right to use the land to the house full of land capacity.Part four,the procedure system of the establishment of the right to use the homestead.Housing land use right is a kind of private right,and it should be established in the form of a contract.The registration of the establishment of the right to the use of house sites should be in the mode of the registration requirements.And review should be a substantive review.Part five,the relief system of the establishment of the right to use the homestead.In the process of the establishment of the right to use the homestead,the Village regulations may against the rights of the village.So it is necessary to perfect the right of remedy.Finally,the author sums up the whole paper,generalizes its basic view as well as creative outcome,and puts forward the limitations and questions to be solved and drawing the conclusion.