Research On The Legal Issues Of Cooperative Building On Rural Homestead

In recent years,with the advance of the reform of "three rights separation" of rural homestead and the appearance of property value,the problem of multiple subjects using homestead to build houses has been concerned by all parties.There are no regulations on this issue at the legislative level.How to maintain the basic security function of homestead while taking into account the market value of homestead and increase farmers’ income while meeting the market demand has become an urgent problem to be solved at present.Under the guidance of the spirit of relevant policy documents,combined with the exploration of reform in some pilot areas,explore the legal problems existing in the use of homestead cooperative housing.First,from the perspective of creditor’s rights,through judicial cases,to explore the effect of cooperative housing agreement on homestead.It is carried out from two aspects.One is about the identification of cooperative housing agreement between members of collective economic organizations.There is no dispute in practice,and it is generally recognized as valid.The second is about the identification of the cooperative housing construction agreement between the members of the collective internal economic organization and the members of the non-collective economic organization.There are relatively large disputes in practice.Some judgments are considered valid,while others are considered invalid.Secondly,from the perspective of property right,combined with the different viewpoints of the theoretical circle,to explore the use of homestead cooperative housing ownership.At the same time,combined with the separation of the three rights,rural revitalization and urban-rural integration of three aspects of in-depth research on its social basis.Finally,aiming at the legal dilemma of cooperative building on the homestead,our country’s current legislation should,on the basis of affirming the effect of the agreement,clearly define the qualifications of non-collective economic organizations,clear the scope of the use of housing,and clarify the judging standard of cooperative building on the homestead,Then clear house ownership.On the premise of ensuring the normal realization of the basic functions of rural homesteads,we should further realize the maximum value of the housing and property protection functions on rural homesteads,and promote the integrated development of urban and rural areas and the construction of beautiful countryside.