The Status And Compensation Of The Right To Use Homestead In Collective Land Expropriation

Based on the Property Law,the right of homestead use is included within the scope of the usufructuary right,and giving the right of homestead use has the nature of expanding the ownership,this is an important property right for the peasants.Therefore,the right of homestead use should be authorized an independent compensation status.With respect to the realization of the independent compensation for this right,the legislation should ensure it has the independent compensation and clarify the status of the independent expropriated person in the right of the house site use.The compensation for the right of homestead use should in accordance with the market value standards.The allocation ratio of the compensation for the ownership of the homestead and the right of homestead use also needs clearly designate.