The Improvement Of Institutional Property Registration Of Rural House In China

There isn't specific institutional property registration of rural house in China for a long time. It leads to the disordered management of rural houses and trespassing on legitimate property right of rural residents. Because of promulgations of and , institutional property registration of rural house has been established. As a result, it compels local governments to enact material regulations to improve the initial registration of rural house.Based on the field survey and data analysis of six counties in Heilongjiang, Shanxi, Zhejiang, Fujian and Guangdong provinces, the author demonstrates current problems of initial registration of rural house and finds that rural residents have strong wills and requirements on housing mortgage and transference. On the basis of empirical research, the author thinks unifying registration departments and increasing proportion of initial house registration should be done gradually under the principle of voluntary and legal registration. Because sometimes a family occupies multiple housing lands, houses exceed limitation, and non-agricultural collectivity registered residents occupy rural houses are not illegal, so in order to protect the lawful property rights of them, these proposers should be allowed to register their houses.Finally, the author discusses registrations of rural housing mortgage and transference. Because of the restrictions of rural homestead institution, these two types of registrations can not be achieved. However, the function of survival security can't be substituted by other policies, and the systems of rural medical insurance, pension insurance and landless insurance also have not been perfected yet. So it is unsuitable to change or adjust the rural homestead institution to solve the problems of rural housing mortgage and transference nowadays. However, because rural residents do have strong wills and requirements on housing mortgage and transference, so it provides us reasons to encourage local governments to explore the rationality and feasibility of registration of rural housing mortgage and transference in a pilot way.