Study On Inheritance Of Homestead Use Right

Inheritance of homestead has become a focus to eliminate the idle homestead problem.At present,there are few regulations on homestead succession in China’s laws,even some of them are contradictory,and the settlement of disputes in practice mostly depends on local policies.In this context,due to the lack of a clear and unified judgment basis,each court will judge the same issue completely opposite results.With the increasing frequency of disputes,the inheritance of the right to use homestead has aroused hot debate in the academic circle.In the early after the founding of new China’s rural society in order to guarantee the living rights and interests of farmers,the realization of the aim of "to",created in China can be free of use of homestead system for a long time,filled the gap of rural social security system in the early days after foundation of people,but as the policy of "separation of division" is put forward and the transfer of practice reform pilot region,The center of power and power of the right to use homestead is constantly shifting,the residential security function is gradually weakened,and the property function is gradually strengthened.With the accelerating process of urbanization,private transactions of homestead occur frequently,and the current land status promotes the change of homestead.Homestead building requirements of inheritance system break constraint to the qualification of heir,purification of the usufructuary right attribute,build,paid out of paid use of land,fixed term +conditional automatic renewal mode,build the homestead and the collective construction land linkage system,using the power of the market for inherit the land and the actual value of the building,the earth Increase the economic income of heir,broaden the channel of its economic source.To deepen the implementation of the "separation of the three rights" of homestead,explore the diversified transfer path of the right to use homestead with inheritance as the entry point,construct a perfect scheme conducive to the optimal allocation of land resources,and release the intrinsic value of homestead.