Research On The Right To Use Rural Land For Building Houses

The right to use rural land for building houses originated in the planned economic system and it is a very unique legal system. Collective economic organizations allocate their land to villagers following a rule characterized by membership. Such allocation functions also as a program of social welfare or security. As a result, the system aims at maintaining the static right of holding and disposing land and consists of administrative laws dominantly. The right of use of land for building houses is forbidden to transfer and its nature as property is thus impaired seriously. After the adoption of market-oriented economic system, the right of use of state-owned land has been so widely opened that the right to collective construction land can be transferred freely and its value is utilized to the utmost in some districts. On the contrary, the right of using land for building houses is neglected by the usufruct system of land. This goes against not only the basic roles of the market but also the values such as justice and efficiency.The right to use rural land for building houses is usufruct right in nature. It is originally defined by such attributes as free transferability, profitability and disposability. As a matter of fact, the right of disposing is not directed at the ownership of land for building houses but its use right. The membership is only a threshold for the villagers to obtain the right. Once entitled with the right, their power to control and dispose the land should not be affected by the membership any more. It's ridiculous to restrict the transference due to the welfare function of land for building houses in rural areas. There is no such rule as "property allocated as a welfare shall not be transferred" in the world. The social security function of rural land for building houses has been weakened significantly. Furthermore, the restriction on the transference has hampered other social security systems. More rural houses and land for building houses will be left unused if their transference continues to be restricted, which will pose a threat to the stability of the society.To make the use right a real one by allowing free transference can eradicate unstable factors that hide in the market of land for building houses and utilize the land to the utmost. This helps to promote social faimess. Also the channels for the villagers to raise funds can be expanded, which will boost the development of rural economy. There exists neither theoretical nor practical barriers to the real right convert of the use right of rural land for building houses actually. The practice will surely benefit the society rather than do harm.As a usufruct right system, the use right of rural land for building houses can only be brought into perfection by improving both the rules of its acquisition, ending and registration and the system of its functions, the disposition in particular. As the power of holding reaches, it can be inherited before the expiration. It can be rented as a method to materialize the profitability. It can also be disposed through sale, exchange, gift, abandonment or mortgage. Of course, the transference shall be subject to some restrictions, especially those of the purpose of land and the duration of right.The paper consists of three chapters and ten sections. The problems in the current system of the right of use of land for building houses are demonstrated by the analysis of its status quo and legal characteristics. With introducing the idea of the real right convert of the use right and analyzing it empirically from multi angles, the writer develops a thought to improving the system the right of use of land for building houses. The text contains about 50000 words.