Study On The Compulsory Implementation Of Housing On The Rural Homestead

This article still focuses on the difficulty of civil enforcement.Combined with the background of the development of the times,we focus on the new direction of old problem of difficult implementation: the enforcement of houses on the rural homestead.This problem has been discussed in the legal theory and Practice for a long time is not a new topic,but the previous discussion focused on the civil enforcement of whole paper hard,from the present situation and reasons to alleviate the difficult problem of the road,will be performed on the overall framework are discussed,along with the deepening theoretical research,judicial practice continue to move forward,difficult to execute this problem after will be eased to some extent,in the new situation and the emergence of a new problems,and these problems are urgently needed to be solved in the judicial practice.This paper takes a large and small writing idea and narrowing it down under the framework of implementation difficulty,and ultimately focuses on the enforcement of houses in the rural homestead,and makes a multifaceted analysis from the substantive law,the procedural law and the policy level.Implementation of housing problems of rural homestead is not only a difficult problem to be solved in procedural law,but also be influenced by our civil private law and even the change of national policy.The first part,start from the legitimacy of the transfer of the rural homestead usufructuary right on the substantive law,it is affirmed that the right to use the homesteadcan be transferred,and then the transferability of houses on the homestead is affirmed,which is the main research problem:the compulsory implementation of the house on the homestead will lay a certain theoretical foundation.Summarizing that while the house on the rural homestead as the object of civil execution,where is the difficulty of judicial practice,especially the special difficulties in the house on the homestead,the court is very confused about the execution of the house on the homestead,and it does not regulate it in law.It has caused the devaluation of the system of compulsory execution and influenced the authority of the whole judiciary.From the point of view,put the existing theoretical research results of difficulty of civil execution on the rural homestead house,not only from the legal theory analysis,but also to summing up experience from many practical cases,and trying to find the primary cause of the problem of difficult enforcement during the process of enforcing the house on the homestead from the legal,policy and social aspects cause the problem.To find a way out fromthe problem,after the above analysis and demonstration,in order to alleviate this problem,we need to stand on the level of the legal system and amend the imperfections of the axisting system.In the thied part oh the article,I try to make a personal opinion,try to integrating the social overall trend with the current level of law development,making some immature views on possible improvement methods,to explore the feasible way of rural homestead housing in the civil compulsory execution.Any change in a legal system any result in a whole effect.Therefore,in the last part of this article,we still have to control the predictable risks within the scope of laws and regulations to protect The perfection of the revision is expected to gain a good gain for the system of civil enforcement.