The Formation Of Informal System:the Policy Evolution And Its Consequences Of The System Of Homestead Use Right

Since the founding of the People’s Republic of China,the construction of the right to the use of homestead has been under the leadership of the state.The reform of the homestead use right system shows that the country has been seeking to promote the modernity of the order of rural homestead through the construction of the homestead use right system.The introduction of modernity in the field of land law system,means of formed in the long-term living in traditional village homestead management and use of the order of the broken,through a system of top-down design to guide the change of rural homestead system,reconstruct rural homestead management and use of the order,so that the homestead system design has a strong instrumental orientation.However,the author’s research shows that this top-down institutional design just ignores the introduction of the existing traditional habits in the field of rural social homestead.Therefore,every state-led system reform of homestead use right is difficult to enter the practice of homestead because of the lack of rural society’s recognition.In this way,the formal system of the state and the existing rural practice model of homestead produced deviation.However,the reform of the system of the right to the use of homestead in successive periods has not been completely unaffected.The system of the right to the use of homestead in each period has survived in the form of institutional heritage in the countryside,which constitutes the villagers’ cognition of the right to the use of homestead.When the reform of the system of the right to the use of the country’s homestead began to be market-oriented and the ownership of the homestead should be defined,the traditional cognition of the rural society and the institutional heritage formed by previous institutional changes were expressed in the form of a "collection of rules",forming a set of informal systems that were opposed to the formal system.The existence of such an informal system makes the determination and registration of homestead difficult and challenges the authority of the formal system of the state.Therefore,the design of the system of the right to the use of homestead should avoid the institutional orientation of the instrumentality,and pay attention to the investigation of the social practice embedded in the system of the right to the use of homestead.