Legislative Improvement Of The System Of Inherita Nce Of The Right To Use The Homestead

The development of urbanisation and the promotion of rural revitalisation in recent years,especially the continuous exploration of pilot areas for the reform of the residential base system,starting from the pilot reform of the right to use residential bases in 2015,to the Central Government’s No.1 document in 2018,which proposes the separation of the three rights of the right to use residential bases and explores the new connotation of residential bases,to the Ministry of Natural Resources’ reply on residential bases in 2020,which clearly states that children with urban household registration can inherit the right to use the residential bases,to 2022 when the Ministry of Agriculture and Rural Affairs on the Interim Measures for the Management of Rural Residential Bases(Draft for Public Comments)stipulates that non-members of this collective economic organisation can inherit the residential bases together with the farmhouse,provided that they inherit the farmhouse in accordance with the law.Issues relating to the inheritance of residential bases are receiving increasing attention.However,the theoretical research on the inheritance of the right to use a residential base is still relatively weak,and there is mainly a theoretical dispute between the inheritance and non-inheritance of the right to use a residential base,and it is still impossible to reach a unified conclusion.At the same time,judicial practice varies from one place to another,with confusing decisions and no unified standard.The root cause of the contradiction lies in the lack of clarity in the legislation on the inheritance of the right to use a residential base.The dual needs of legislation and judicial practice make it necessary to explore and construct a system of inheritance of the right to use a residential base.This article firstly collates the relevant theories,elaborates on their connotation and characteristics,and emphasises the necessity of inheritance of the right of use of residential land.The study then proposes targeted legislative recommendations on the problems of inheritance of the right of use of mansion bases from the perspective of legislative improvement in terms of legal principles,legal rules and relevant legal support mechanisms,in order to build a complete system of inheritance of the right of use of mansion bases.