Research On The Legal Issues Of Rural Homestead Transfer

The right to use the homestead is an important civil right to guarantee the residents' right to live in the home.The current law strictly limits the circulation of the right to use the homestead,and does not allow people outside the collective economic organization join in the transaction.Based on the principle of "real estate",rural houses are also restricted by circulation.In view of the current practice of rural homestead use right,there is no general and universal setting rule for the transfer of land use right in the whole country.In this article,we select representative Wu Mou,Yang v.Xie Mou,Wu Mou a land dispute case.Through the legal basis of trial and current policy,we summarizes the case of disputes,and analyze the housing land use right transfer of the transferee subject,the correlation of housing land use right and the ownership of the house,inheritance of housing land use right and other legal issues.Then puts forward the suggestions to improve the land circulation of the transferee subject,improve the system of house and land circulation,build the inheritance system of housing land use right and other related advice,promote the circulation of housing land use right of supporting the establishment and perfection of the legal system.The main contents of the article include the following aspects:The first part includes the Wu Mou,Yang v.Xie Mou,Wu Mou a land dispute cases such as the specific facts,summarized by the assignee does not have the transferee qualifications are bound to lead the land transfer contract is invalid,the transfer of ownership of the house is bound to lead to the transfer of housing land use right,so that whether heir inherits two homestead the of a family is protected by law.In the second part,legal analysis is made on the validity of the contract,the relationship between the transfer of the house and the transfer of the homestead and the inheritance of the right to use the homestead.In the third part,the author puts forward some suggestions to improve the transfer of the right to use the homestead,and draw lessons from the legal lease right in Taiwan.the transfer of the house and the transfer of the homestead and the system of building the right to use the homestead.Economic base determines the superstructure.Along with the development of the social conditions of material life,the formation and development of system of ownership of land is also in changes.In order to meet the requirement of social development,we need timely reform of land ownership system.It is decided by economic foundation in our country.Economic development model in China also has some different changes,which requires the homestead of operation mode.The allocation of resources meets the requirements of social development and makes the corresponding change.At present our country's current laws and regulations have not been a new change.The transfer of ownership of the house and the right to use house sites stimulated vitality is not reasonable.The law and practice,the lack of land ownership system and internal contradictions are apparent.Integration of urban and rural dualistic pattern is broken gradually.The process is accelerated.The identity of the urban residents and rural villagers property is no longer clear.The land circulation system in our country will face a bigger challenge,challenge with opportunity,how to seize the opportunity.The key factor lies in the legislation,can only be managed because law perfected the land ownership and triggered a series of problems.