Study On The Inheritance Of The Right To Use The Homestead

With the reform of the homestead system,the inheritance of homestead use rights should also attract people's attention.In the rural social life there are many such cases that some of the families of children in the future generations of children because of a variety of reasons removed or remnants of residence,when the last member of the family after the death,will cause homestead idle,and the villagers The committee or other villagers will be based on the rural homestead belongs to the collective economic organization as the basis,demolish others to legally build houses,occupy others in accordance with the law is using the homestead,which led to homestead use rights disputes.In view of this situation,we must first recognize that these farmers temporarily idle homestead can not necessarily lose the right to use the homestead.Moreover,the homestead of the construction of houses belonging to the private property is illegal.The balance of homestead ownership belongs to the collective ownership and homestead use rights belonging to the members of the collective economic organization of the value of the conflict,the villagers committee can not be under the guise of collective ownership against the interests of minorities;once again to resolve this dispute through the construction and improvement The right to use the right to inherit the relevant system.However,at present,China does not have specific and comprehensive provisions of the right to use the homestead system,contrary to the provisions of the right to use homestead very few,only through the relevant rights correction.Homestead use of the right to inherit is not specified,and even the right to use the right to homestead are vague.In the context of urban and rural integration,a large number of rural villagers into the city,which will lead to the use of homestead inheritance disputes.In the judicial practice,the district magistrates at all levels are also very different,there are four kinds of referee results: First,direct recognition of the right to use the homestead can be inherited;Second,due to homestead houses exist,homestead use rights can be indirectly inherited;Three is only agreed to homestead housing can be inherited,homestead use rights can not be inherited;four is a direct definition of homestead use rights can not be inherited.Academic research is also a different opinion,and some believe that whether or not the members of the collective economic organizations can inherit;some that non-collective economic group members can not inherit;some basis on the homestead there is no house to decide the right to use homestead Can you inherit? It can be said that the parties according to different theories and laws to draw different conclusions,which for the use of homestead ownership system to build and improve the valuable reference.Homestead use rights to inherit the problem,the first discussion of the right to use the right to homestead,homestead use of the main body there are two kinds of argument is a "household",a member of the collective economic organization,this article recognized the right to use the right to homestead should be defined as the latter,more in line with the legal requirements also in line with China's national conditions and people's wishes.Second,the homestead system has a living security function,with a welfare,no use of the period,the original acquisition is free of charge,when asked to obtain the members of the collective economic organization.These features of homestead use rights are the biggest obstacle to the inheritance of homestead use rights.Homestead use rights are identities in the academic community have different views,this article combs the relevant point of view more homestead use rights to obtain the initial acquisition of the main body should be identity,security functions and welfare should also be for the original subject.Homestead use right is a usufructuary right,its provisions are the use of indefinite,do not meet the usufructuary property system,but also China's unique property rights system,improve the right to use the homestead system should have a deadline.In the study of the inheritance of homestead use rights,the subject of the right to use the homestead is defined as the individual members of the collective economic organization carried out sufficient analysis and argument.The identity,welfare and security of the right to use the homestead are differentiated and weakened,the heir scope is expanded,the non-collective members are allowed to inherit,and the way of inheritance is not limited.By clarifying the way of the right to use the homestead and the length of the right to use the right to use the house can inherit the adverse effects of the system to provide a balance.The expansion of the scope of ownership of the right to use the ownership of the homestead will be caused by the expansion of the collective interests of the collective interest can be damaged,and the protection of collective interests can be obtained through the period of the right to use homestead free of charge,the need for paid outside the period,if the collective members continue to use rural housing should also change the land The nature of the right to use,change the right to use the right to change the use of collective land use.Homestead use rights inheritance related issues clear,can reduce property disputes,stability of rural social life.