Right Infringement Of Responsibility Research Homestead Right Of Use

The homestead right of use is at the foundational position in the farmer land right, is in our country real right system one kind of special real right form, relates the general farmer's vital interest, is trillion farmers settles down and gets on with life the foundation. As a result of the unbalanced legal resources' disposition, causes the countryside homestead right of use by the difference treatment, and the long-term dissociation outside the market, in cause practice's some disputes cannot obtain the reasonable solution. Adds the urbanized advancement to speed up, takes over for use the phenomenon to the collective land's collection also gradually to increase, the new rural reconstruction also gradually enters to each region launches, during this process presented the homestead to suffer the violation repeatedly the phenomenon. We must give the standard facing this kind of phenomenon in the system, explores one to suit in the homestead right of use right infringement civil relief pattern, is more perfect by the time this system, better protection general farmer's vital interest.This research's content mainly includes:The first part combs the present related homestead right of use the laws and regulations, the synthesis collection literature material, the concrete study countryside homestead right of use's historical development, the connotation, the legal characteristic, the basic power, specially analyze the homestead right of use to existing to use the profit real right nature from the complete real right the transformation, accurate localization its nature.The second part is one of this article key, in theoretical analysis and practice union in the foundation, proposed that under the present economic development the homestead right of use the concrete manifestation which violates.The third part is launches in the second part of foundation analyzes to the homestead right of use right infringement reason, obtains the right infringement primary cause imperfect and the homestead right of use related system is not perfect for the land collection system. Fourth part of main discussion homestead right of use right infringement civil relief pattern, The first real right which proposed to the current theorists requested that the power pattern, the creditor's rights requested the power pattern and compromised said three viewpoints carry on the elaboration, Returns to once more our country legal norm in front, "Reality of laws" and "Right infringement Responsibility Law" the real right protected mode carries on the analysis to our country, finally obtains the homestead right of use right infringement relief pattern the reasonable choice.