The Analysis On The Character Of The Usufruct Of Building Foundations Lands In The Countryside And The Buildings On It And Its Practical Exempla On Judicature

Our nation is a big agricultural country with 900,000,000 farmers. The land is the living basic for them. And the usufruct of building foundations lands in the countryside and the buildings on it have the close relations with the farmers` profits. They directly affect the farmer`s living and survival. However, the laws on this aspect are not enough obviously and so bring certain difficulties to the judicial practice. Thus, this thesis tries to analyse the problems in the judicial practice from the character of building foundations lands in the countryside, its location in the law and its relations with the buildings on land, and gives the author`s viewpoints on solution.The thesis contains three parts as introduction, straight matter and conclusion. The straight matter contains four chapters.The first chapter gives an general analysis from the present research situation on the law about the usufruct of building foundations lands in the countryside. Analysing from the historical development of the system of the building foundations lands in the countryside, the regulations on laws and prescriptive profiles, the relative laws and rules about the usufruct of building foundations lands in the countryside are really a few, and so causing the difficulties in the judicial practice. On this base, the author shows the present research situation on the problem in the theory and gives his own viewpoints.The second chapter gives a analysis on the law position of the usufruct of building foundations lands in the countryside. First, comparing it with the land right and service right and getting its law position: the usufruct of building foundations lands in our country both has the containing of traditional object right law and land right, and contains the service right. At the same time, it also has the feature of our own nation. The right is a special profitable object right on the bases of mixing the reasonable containings in the land right and service right,and the realities and history of our countryside. Second, analyzing the feature of this right, such as the feature of adhering to person, dependency, valuelessness, timelessness, uniqueness, equality and speciality of getting and so on. Third, analysing the relations between the usufruct of building foundations lands in the countryside and the buildings on it. Entering from the natural and social character, getting the conclusion that the main parts of the two need to be the same.The third chapter analysing the practical examples about the ownership right dispute on the usufruct of building foundations lands in the countryside and the buildings on it which appear in the judicial practice. This chapter is separated to two parts, the first part analysing the ownership dispute causing by outside application for building. The second part analysing the ownership dispute causing by the inside right assignment between family members. Each analysing from the style, the causing reasons and solving methods, and giving the author`s own viewpoint on the solving result.The fourth chapter gives an analysis on the judicial practice of the dispute about the usufruct of building foundations lands in the countryside and the buildings` circulating. This chapter are separated into two parts. The first part gives the styles and causing reasons of such law cases. The other part gives the analysis on the practical exempla on judicature of such law cases. Especially analysing the sensitive problem such as the business and deposit theoretically. And getting the author`s own viewpoint.