On The Consummation Of The Right To The Use Of Homestead In China

The rural homestead use right system is a unique housing system arrangement in China.For a long time,it has provided housing security for farmers,provided basic conditions for rural production and maintained the stability of rural society.After the reform and opening up,especially since the new century,with the rapid development of urbanization in China,a large number of rural residents have moved to cities to work and live,resulting in the coexistence of a large number of idle rural homestead and the shortage of urban construction land.With the development of the socialist market economy,the enthusiasm of the peasants to start their own business has been constantly promoted,so there is a need to raise the financing of their housing mortgage and transfer it into cash.In the context of promoting the integrated development of urban and rural areas and the revitalization of rural areas,investment by urban residents in rural areas has been recognized and supported by the state,and some people have the need to settle down in rural areas for a long time.The above changes indicate that the current system of the right to use rural homestead is out of date,and it is urgent to comprehensively deepen the reform,fully release the right to use rural homestead,gradually realize the free circulation of the right to use rural homestead,and improve the relevant system of the right to use rural homestead.Dual Angle of view,this article from the legislative and judicial around a perfect legal system of rural housing land use right in this theme,to promote the release of rural housing land use right and power as the main line,to our country legal system of rural housing land use right to conduct a comprehensive inspection,found that the existing problems,and analysis the reasons of the problems,and proposes the corresponding perfecting suggestion.This paper,through analysis and demonstration,characterizes the right to use rural homestead as private right and property right,and proposes to dispose of it according to the principle of private right freedom.In order to protect citizens' static property security,this paper proposes to recognize the legal relationship of rural homestead use right that has been formed due to inheritance,mortgage,transfer and other reasonable reasons,and to recognize the fact that one family has more houses and homestead exceeds the standard.This paper argues that the original qualification of rural homestead use right should be determined according to the principle of "actual connection",so as to strictly control the increment of rural homestead,guarantee the security of national cultivated land,and provide the precondition for releasing the circulation of rural homestead use right.This paper recognizes that the release of the transfer of the right to use rural homestead will have a huge impact on the rural society in China,and we must properly handle the relationship between reform,development and stability.This paper argues that to promote the "real reason" activist,guided by the idea of value in the case in the judicial referee,housing land use right system of housing land use right in China,thelegislation is not perfect,the related reform exploring in fact,the judge should actively interpret the law,under the premise of guidance on the supreme people's court,the flexibility to use the basic principles of law,the interpretation of the relevant laws and regulations to conform to the social reality,make justice of judicial judge.