A Study On The System For Obtaining Rural Usufructuary Of Land For Building

Rural Usufructuary of land for building, as a kind of special law of rights over things in China, is a basic right for millions of Chinese farmers and concerns their vital interests. And the rule for obtaining it is the foundational right among all the rules for obtaining rural Usufructuary of land for building. The Law of rights over things of People's Republic of China will soon be implemented on 1st October this year, but there are only a few terms about the acquisition of rural Usufructuary of land for building, and the concerning terms are too simple in contents and unpractical in operation. More researches on the rule of obtaining rural Usufructuary of land for building will provide it with theoretical support and operational plan, which are of great significance and can help it to be improved in the future.Following the requirement of protecting farmer's rights and promoting unification of city and country, this thesis, from the angle of law of rights over things' research, completely and systematically studies the rule after collecting the main research fruits and materials from land for building theories and empirical survey reports.Firstly, the article analyzes the rural Usufructuary of land for building from history transfer, nature of law and the theory flaw, gives a premise preparation for the improvement of the rule of obtaining rural Usufructuary of land for building. The author believes that Rural Usufructuary of land for building, as a kind of special law of rights over things in China, is a special form of real right, which is different from the traditional one.Next, this article carries on reconsidering of rules for obtaining rural Usufructuary of land for building, analysis the main rules, theoretical flaws and problems which exposed in practice. The author believes that the premise and logical beginning of rules for obtaining rural Usufructuary, and rural usufructuary property rights has departed from the property rights' basic principle. What's more, the rules for obtaining rural Usufructuary of land for building itself has also departed from the usufruct of immovable property. For all of these, the rule exposed a series of problems in the practice.Lastly, this thesis takes improving the rule of obtaining rural Usufructuary of land for building as the guiding ideology after analyzing the flaws of present rule of obtaining rural Usufructuary of land for building in China. What's more, this article points out creatively that set up legal power for renting rural Usufructuary of land for building as a new way to improve the rule. Finally this article proposes experimental terms for the rules for obtaining rural Usufructuary of land for building on the basis of analyzing all the factors of the rule, and provides a concrete legislation plan for the improvement of the rule.