Study On The Leasehold Rights Of Rural Homesteads

China's rural collective organizations provide the peasants in the collective economic organization with the living places necessary for production and life through the right to use the homestead.The right to use rural homesteads is an effective guarantee system.Members of the collective organization usually acquire,possess and have no time limit.However,with the peasants going out to work and the rapid development of township enterprises,the dependence of farmers on this kind of welfare residency has gradually decreased,and the disadvantages of the overuse of the right to use the homestead have begun to emerge.It has affected the strategic needs of the country to stimulate domestic demand,as well as the further development of the rural economy and urbanization.Under the premise of the separation of existing ownership and use rights,this paper wants to study the transfer of the right to use the homestead through the lease right in the creditor's right.The author combines the current law and its related policies to divide the article into four parts to lease the right to the homestead research:The first part: By pointing out the controversy over the nature of legal leasehold rights of the homestead in the legal profession,why do we need to define a new superior concept——the rural homestead lease right.In addition,the purpose of the leasehold rights of rural homesteads is to activate rural land on a macro level to stimulate the rural economy and promote urbanization;to balance the needs of all stakeholders at the micro level and to benefit farmers.The author believes that the leasehold rights of rural homesteads will bring a new perspective to the transfer of the right to use rural homesteads in China,which is in line with the needs and requirements of the current era.The second part: mainly discusses two aspects of the problem.The first problem discussed was that it did not allow the use of homesteads to use external rights.Currently in some rural areas the homestead and its farmhouses have been left unoccupied for a long time.Originally,China haslong faced a dilemma of people and land.The land resources have not been well protected,but they have been wasted in a more subtle way.Urban people can't get legal protection in rural home ownership.Farmers don't have extra funds to pave the way for them to enter the city.Finally,the behavior of invisible trading farmhouses has been repeatedly banned.The second problem is to summarize the main theoretical viewpoints of the academic community on the transfer of the right to use the homestead in the realm of property rights.At the same time,it draws on these viewpoints and raises the existing problems.Finally,it is concluded that the construction of rural homestead lease rights can solve the above problems.The third part :mainly discusses the research subjects of the leasehold rights of rural homesteads,namely the lessor and the lessee;the term of the leasehold right of the rural homestead;the rental of the rural homestead leasehold rights and the ownership of the rural homestead leasehold rights.Then,after seriously studying the theory of introducing creditor's rights into the use of homesteads,the author divides the leasehold rights of homesteads into two categories according to different ways in the transfer of the right to use the homestead.The first category is the legal leasehold right for rural homesteads and the other is the intended leasehold right for rural homesteads.In addition,if the rural homestead lease right is introduced into the inheritance of rural houses,it will solve the inheritance problem of the homestead and its houses.The fourth part: put forward some feasible suggestions for the rural tenement right in the actual application process.The details determine the success or failure,and we must pay attention to the methods and methods in the process of reforming the system of using the right to use the homestead.Only good methods can do more with less.