The Feasibility And Mode Of Dynamic Allocation Of Rural Homestead Use Rights

Rural house site is an important part of rural collective land and the major place of peasants'production and life, playing an active role in maintaining the stability of rural society and guaranteeing the basic life of peasants. The right of land is the most basic right of peasants, which is related to the peasants'survival problems. The right to use house sites, as the usufruct which is confirmed by the "Property Law", is to protect the peasants'land property rights. Currently, the configuration of the right to use rural house sites in China is mainly reflected in the static legislation. But with the rapid development of market economy and urbanization, it is more and more difficult for the static configuration to adapt to the times. Moreover, the configuration of current right to use house sites has hampered the development of rural economy and meantime damaged the vital interests of peasants. Therefore, it is very urgent to reform and improve our right to use house sites system. This paper, abandoning the existing idea of simply conducting static configuration on the right to use rural house sites, attempts to use dynamic analysis method to study this issue and demonstrates the rationality and feasibility of dynamic configuration, thereby exploring the dynamic configuration mode of the right to use house sites and providing practical system assumption according to China's situation. We hope the dynamic configuration can be embodied in the legislation as soon as possible, which can give peasants more property rights.Except from the introduction and conclusion, this paper is divided into the following four parts:The first part defines the concept of the right to use rural house sites and its configuration. Firstly, it describes the definition of the right to use rural house sites, and then it introduces the relevant concepts concerning its configuration, explaining the differences and similarities between configuration and transference. It also uses dynamic analysis method to classify and explain the configuration of the right to use house sites.The second part analyzes the current situation of the configuration of the right to use rural house sites. Firstly, it, through the interpretations of the legal terms, analyzes the legislation situation. Then it points out the existing problems, including the lag and shortage of legal norms, the right to use house sites which cannot be transferred freely, the serious waste of vacant rural house sites and prevail invisible land trade phenomena. In the end, it analyzes the reasons why the right to use rural house sites lacks dynamic configuration.The third part explains the rationality and feasibility of the dynamic configuration of the right to use rural house sites. The dynamic configuration is the requirement of property rights, the requirement of the integration of urban and rural development, the requirement of broadening the peasants' financing channels and the requirement of land resource optimization allocation. The feasibility lies in law reserving space for it and it conforming to the reform direction and policy and having some realistic foundation.The fourth part discusses the dynamic configuration mode of the right to use rural house sites. Firstly, it analyzes the limitations of the current mode and then provides the ideal mode and real mode, expounding the system assumption of each mode respectively.