An Analysis Of Non-collective Economic Organizations' Inheritance Of Rural Homestead

With the rapid development of urban areas,a large number of agriculturalpopulation into urban population,but the reality of urban and rural dual structure exists,can urban population in the succession of rural housing inherit the right to use the house under the homestead,the problem to be resolved,laws and regulations take the avoiding attitude.Thus,the author believes that the study of the problem has meaning.This paper is divided into nine parts.The first part of the origin from the homestead,tells that homestead refers to China's rural homestead,it is a unique concept,it also has a special connotation.China's homestead has three main types: one is the land with the residential;the second is that once build a house but now the land has no cover,and can not live in the land;the third is the land to prepare the building with the planning.And the author says about the use of homestead and scope of the exposition,to facilitate the reader's understanding of homestead.By understanding the homestead,pave the way for the analysis below.The second part expounds the historical evolution of the right to use homestead,which leads to the concept and characteristics of the right to use homestead.Because the right to use the homestead has a special historical origin,it has the identity of the subject,the specificity of the object,free,indefinite nature,and restricted circulation.This is also the reason why the right to use our country homestead inheritance embarrassing.The third part explains the status and problems of the inheritance of the right to use homestead in rural areas of our country.According to the survey of the National Bureau of Statistics,China is still a big agricultural country,while the rapid economic development,urbanization is also in progress,each year a large number of non-collective economic organization members inherit the right to use rural housing and homestead cases,the problem is that the legal regulation is blank.The authoranalyze the reasons for the succession of confusion,as soon as the system implied to clear the obstacles.The fourth part is the relevant provisions of national legislation.The guidance of the law is very important,but in practice there is no direct provision of the law.Therefore,the author analyzes the relevant laws,including the provisions of Article 10 of the Constitution,the General Principles of Civil Law,the Property Law and the Land Administration Law,as well as the provisions of the Basic Law of the State Council and the Ministry of Land and Resources and other administrative regulations and regulations.From which we can determine the scope of the rights of citizens,to discuss the issue of ownership of the right to use homestead to determine the legal boundaries.The fifth part is the local exploration.National level legislation has been circumvented,but there have been many explorations in local legislation.This part mainly analyzes the typical local exploration,provides reference for the national legislation according to the successful pilot experience or the special treatment method for the special place,and also provides the legislative support for the author's reform idea.The sixth part is judicial practice.Although the legislation can avoid the discussion of this issue,but the judiciary can not be avoided,because facing the dispute to the court,the judge can do nothing but solve it,after the verdict,it will certainly have an impact on the practice.In practice,the Supreme People's Court newspaper published in the case of non-collective economic members to inherit the right to use the rural homestead case and assessment,the local case of is also numerous,which we can also spy on the status of judicial practice,to provide practical support for the author's reform.The seventh part is the view of the theory.Because of the lack of law,so there are manydiscussion of scholars,there are four views,each view has its own theory and legislative support,and their own merits.On this basis,it can provide theoretical support for the author.The eighth part is the system idea.The author put forward the idea of inheritance system of rural homestead use right.Through the summary of scholars' point of view,analysis of judicial practice,combined with local legislations' exploration,the author puts forward a useful idea.Members of non-collective economic organizations can inherit the identity of the relationship,or the way of the statutory lease to obtain the right to use homestead.The ninth part is the conclusion,the contents of this article are summarized.