| China’s urbanization process is accelerating,the urban population is increasing,and the urban housing problem has become the focus of social concern.Homestead is an important form of housing,and it is also one of the main ways to obtain the urban housing after the rural household registration becomes the urban household registration.Nowadays,many farmers ’children can inherit their parents’ houses from their parents in accordance with the Constitution and the Civil Code.However,there are some problems in the inheritance of the right to use the homestead of urban registered children,the current laws and regulations.For example,the law does not clearly stipulate that the right to use the homestead under the house can be inherited at the same time,while the house and other buildings are built on the land,and the house has been integrated with the homestead.In the current judicial practice,there are still litigation disputes about the right to use the homestead.Therefore,it is of great significance to study the inheritance of the right to use the homestead of urban registered children,strengthen the housing security in the process of urbanization and promote the social and economic development.Therefore,this thesis makes a comprehensive study of the legislation and judicial status of rural homestead use right inheritance,and summarizes the relevant legal norms,which lays a theoretical foundation for this paper;secondly,the classification investigation and statistical arrangement of sample cases.The results show that the judicial status of the inheritance of homestead use right shows the main characteristics of different judgments of similar cases and the contradictory basis cited by different courts.Therefore,this paper finds that there are still the following problems in inheritance: the main property of the right of inheritance is unknown,the absence of the power of inheritance,limited by "one house,one house" and "housing and land".In this thesis,the basic principles of the children to inherit the right to use the homestead,and the right of the homestead.In addition,the children can obtain the right to use the homestead through the right to use the homestead.It is hoped that this paper can provide some reference for the majority of residents to understand the inheritance of the homestead use right of urban registered children and the housing problems in the process of urbanization. |
