The Studying Of The System Of Right On Rural Resident Land

The system of usufruct right on rural residence land concerns the peasants' survival and the social stability of rural country. Studying rural residence land has theoretic importance and practical significance. Although The Real Law of the People's Republic of China first affirmed the right on rural resident land in private law, the legal provision is so simple that there are many leaks in terms. So it must be amended and refined during the reformation about the system of rural land and The Real Law in future. The article sticks to the situation of our country land and peasants, and clarifies academic mistakes about the system of usufruct right on rural residence land. The article illuminates that implementing strict the system of usufruct right on rural residence land is a realistic chose on the basis of lots of investigation data.The article first scans the current situation of the system of usufruct right on rural residence land. It narrates that there are many deficiency about usufruct right on rural residence land in legal system and a great deal of problem exists, and than explains that blindly pursuing land's economic value and the country system's faultiness are those confusion's cause.The second part of the article renewedly defines usufruct right on rural residence land. Firstly, it clarifies two academic mistakes: usufruct right on rural residence land not mean performing the right without limit and executing market principle. Secondly, thought studying of object—rural residence land, we could found out rural residence land concerns the protection of agricultural land and the peasants' habitation security. Because of the significance of object, law stipulates especial using regulation. Then, it illuminates usufruct right on rural residence land is a new usufructuary right which relates to collective member's identity. This new usufructuary right borrows the dominium utile theory and correctly deals with relationship of ownership. Finally, according to the object and attribute of usufruct right on rural residence land epitomizes the ways of right's implement.The third part emphasizes that according to importance of protect agriculture land and peasants' habitation, it must pay attention to society interest in acquisition, transfer, extinction etc. and further consummate current the system of usufruct right on rural residence land. The article suggests that it must persist "one rural family only gets one rural residence land" as a qualification of apply; places restriction on the transfer of usufruct right on rural residence land, and ensuring reasonable compensation of usufruct rights.The article finally suggests that it must persist strict the system of usufruct right on rural residence land at the course of socialism new country construction.