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Research On The Rural Usufructuary Of Land For Building

Posted on:2006-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:B HeFull Text:PDF
GTID:2166360152992279Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Rural Usufructuary of land for building is a basic right for Millions of Chinese farmers. In the country's practice, there are many dissensions relating to rural cartilage. Law of rights over things connecting the modern civil law is being discussed in China. Studying rural Usufructuary of land for building and scheming the rights with law have theoretic importance and practical significance.Following the requirement of protecting farmer's rights and promoting unification of city and country, this study completely and systematically collects main research fruits of rural Usufructuary of land for building theories and empirical survey reports. With the reference of data and materials from social survey, firstly the article analyzes the actualities of China's rural Usufructuary of land for building from history, legal aspects and social practice. There are problems in rural Usufructuary of land for building's acquisition, transfer, extinction and etc. Those problems are caused by the reasons relating with history, law system, farmer's legal consciousness and law execution, especially legal norm's non-coherence, duality of city and country and unfitness of the economic development. Usufructuary of land for building is important in the law of rights over things and be attended in theory. Secondly, the article analyzes rural Usufructuary of land for building from angles of the real laws. Rural Usufructuary of land for building is a kind of special Usufructuary which is produced with practice in China. It should be legislated in law of rights over things. To improve the system of rural Usufructuary of land for building, we should comply with the principle of cherishing lands, granting farmer enough function of rural Usufructuary and accommodating to new times. Finally, the article discusses the material problems of rural Usufructuary of land for building, such as acquisition, transfer, extinction, tort relief, explanation for the principle of "one rural family only gets one rural curtilage" and the protection of rural Usufructuary in city modernization and town urbanization. The article suggests making limit on applying qualifications strictly, putting the right of making decisions and the right of supervision to farmers, empowering registration to the government, setting use time limit, allowing usufruct be exchanged, regulating extinction, confirming the tort and compensation for damage, interpreting the principle of "one rural family only gets one rural curtilage" as a qualification of apply, ensuring reasonable compensation of usufruct and transfer of rights to planning construction in modernization and etc.
Keywords/Search Tags:Rural Curtilage, Rural Usufructuary of Land for Building, Usufruct, Law of Rights over Things
PDF Full Text Request
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