Research On Real Right Protection Of Houses Constructed Jointly In Rural Homesteads

At present,there are still a large number of people in housing difficulties who lack housing in the vast rural areas and cities in our country.However,the speeding-up of urbanization in our country and the exchange between urban and rural areas are becoming more and more frequent,giving this two groups,which are already quite distinct,the opportunity to combine resources and jointly build housing on homesteads to solve their own difficulties in housing.However,since the original design of the homestead system in China is to provide housing security for the agricultural population,the system has a strong identity.The use of homesteads has strict legal restrictions,and its scope is limited to the collective.Member of economic organization.At the same time,according to the requirements of the “integration of housing and land” principle,the same subject must enjoy the ownership of the house and the right to use the land together,stressing that obtaining ownership of the house must be based on the premise of having legal land use rights.Therefore,a party to a non-rural collective economic organization co-constructed on a homestead cannot enjoy ownership of the jointly-built housing because it does not enjoy the right to use the land occupied by the co-constructed housing,making its rights in an uncertain state.When the state of the ownership of the building was unknown,the right to belong to a dispute occurred.The starting point of this article’s writing is that it is hoped that one of the members of the non-rural collective economic organization that co-constructs houses on the homestead can enjoy legitimate property rights protection for the jointly-built housing.First of all,it analyzes the causes of the dilemmas of property rights protection for co-constructed houses on residential land,and then demonstrates that they should enjoy the legitimacy and feasibility of legal property rights protection,and finally put forward specific recommendations on how to realize their property rights protection.In this paper,except the introduction,abstract and conclusion,the main structure is divided into five parts:In the first part,the individual concept of the concept of co-constructed housing on the homestead was first elaborated,and then the reasons for its emergence were analyzed.The direct reason is that the current urban housing prices are too high,many low-income groups are unable to buy a house;its indirect reason is that the existing housing security system is not perfect,mainly reflected in: the main body of the existing system protection and play a very limited role The fundamental reason is the development model of the dual urban-rural system.Finally,it summarizes and summarizes its characteristics.The second part mainly introduces the dilemma of property rights protection for co-constructed houses on homesteads.First,the status quo and complications of the absence of property rights,including the fact that one of the members of the non-rural collective economic organizations cannot obtain the property rights of the house,or need to pay back the land transfer fees and related taxes and taxes,and the risk that the housing is difficult to transfer,etc.aspect.Second,the dilemma faced when resolving property rights disputes,first,whether the building of a co-construction agreement for housing is highly controversial in both theoretical and practical realms;second,whether real-life judicial judgments enjoy the co-constructed housing.The property rights have reservations.The third part mainly analyzes the causes of the dilemma of property rights protection for co-constructed houses on the homestead.The theoretical aspect is due to the obstruction of the principle of "integration of housing and land".The principle of housing and land requires that the ownership of the house and the ownership of land use be owned by the same person.It is emphasized that the right to use the land is the prerequisite for owning the ownership of the house.However,because one of the members of the non-urban collective economic organization is not an eligible body that enjoys the right to use the homestead,it cannot obtain ownership registration of the co-constructed housing.In terms of laws and policies,it is because people are at a loss because of the conflicts between relevant laws.Second,China’s policies have always held a negative attitude toward this.At the same time,China still has laws on behalf of the law,so it is a joint construction.Property real estate requests are often not supported.The fourth part mainly discusses the feasibility of securing the property rights of jointly-built housing of one of the members of the non-rural collective economic organization that is co-constructing housing on the homestead.It includes three parts.First,in theory,first of all,it is demonstrated that a party to a non-rural collective economic organization is entitled to “having rights” to the property rights of the co-constructed house.Second,it starts from the theory of “factual behavior” and explains its total Construction is a de facto act and it should be self-entitled to the ownership of the co-constructed house when it is completed.Finally,the principle of statutory principle of property rights is not violated.Secondly,in terms of functions,the construction of houses built on homesteads will help alleviate the housing pressure of urban residents,improve the living conditions of rural residents,stabilize housing prices,curb property bubbles and resolve social conflicts and disputes to maintain harmony and stability.Third,the practical reference mainly shared the successful experience of the policy of Chengdu’s joint housing construction,demonstrated the legitimacy of its policies,and was able to draw lessons from the construction of houses on homesteads.In this way,it is stated in many aspects that it is feasible for one of the members of the non-urban collective economic organization to enjoy the property rights of the co-constructed houses on the homestead.The fifth part is the countermeasures for the dilemma of property rights protection for co-constructed houses on the homestead.In the short term,it mainly draws on the extraterritorial legal lease model and improves the easement model in the region.The so-called statutory lease model and easement model mean that a non-rural collective economic organization member is allowed to enjoy a statutory lease or easement on the homestead occupied by the house without breaking the existing land system.,thus solving its basic rights to enjoy the co-constructed housing.Fundamentally,it is necessary to carry out the reform of the land and household registration system and implement the integration of urban and rural development.In this way,it is a matter of course that it obtains the property rights of co-constructed houses.