Research On The Dilemma And Solution Of House Inheritance In Rural Homestead

In China,rural villagers account for a high proportion of the Chinese population,and farmers’ houses are the guarantee for the survival and development of farmers.Therefore,it is extremely important to protect farmers’ rights to houses on the homestead.Land is the foundation of rural areas.In the past,"born,grew up and died" in rural areas was the normal state of life.A piece of land whose length can be measured by footsteps can maintain a family.As the collective construction land used by villagers to build houses and ancillary facilities,the homestead has irreplaceable value for the stability and development of rural society.In China,the right to use the homestead is distributed among the members of the collective economic organization free of charge with "households" as the unit,and it is forbidden to transfer to the outside world.The above-ground houses are the legal property of the villagers,which are invested and constructed by rural villagers and enjoy legal property rights.Houses on rural homestead have many conflicts on inheritance because of the separation between the ownership of houses and the ownership of homestead.With the reform of rural homestead system,vigorously encouraging the revitalization of rural homestead,the rapid development of modern rural areas,and the emergence of rural and homestay economy in online celebrity,the houses on the homestead are no longer the property that was static and idle in the past,and there is more and more room for appreciation.The houses on the homestead have become the important property left by farmers to their children,and it is also the wish of parents to be inherited by their children.However,because the houses on the homestead are connected with the homestead,if the heir inherits the right to use the homestead because of the principle of "land goes with the house",it will be contradictory to the principle of "one house per household".Under the social background that the unified registration of real estate in rural homestead is not fully registered,there are many problems in the inheritance of houses on homestead,such as disputes over the right to use homestead,disputes over separation of houses,housing sales contracts,divorce disputes,etc.,such as the contradiction of the identification of the inheritance subject,vague explanation of one household and one house,and insufficient guiding cases,which lead to inconsistent judicial decisions,resulting in many conflicts and disputes,resulting in different judgments for the same case.Therefore,it is necessary to clarify the problem of housing inheritance on rural homestead,continue the family property and reduce the conflicts and contradictions in judicial practice.Combining with my long-term living experience in rural areas and practical experience in notary offices,the author has made in-depth research on scholars’ works and papers on homestead inheritance and other related works and searched judicial cases,analyzed the legislative and judicial status quo and trends of homestead inheritance from the current situation and conflicts,and analyzed the types of lawsuits involved and judicial dilemmas in combination with specific cases and judicial documents.Finally,from the aspects of promoting the registration and centralized certification of house ownership on rural homestead,establishing the registration system of the right to use the homestead with "specific households" as the right subject and the ownership of the above-ground houses,clarifying the meaning of one household and one house,distinguishing the identity of heirs,introducing guiding cases,optimizing the fair process and so on,this paper puts forward the relief path of housing inheritance on rural homestead.Guarantee the realization of ownership and inheritance rights of rural private houses.This is of great reference significance for safeguarding the property rights and interests of rural houses,inheriting the rights and interests of farmers,promoting rural revitalization and revitalizing the homestead.