Study On The Circulation Of The Usufruct Of Sites Of Houses

The usufruct of sites of houses in China is not only related to the vital interests of over 900 million farmers, but also related to the country's construction and social development in long-term stability. Taking seriously of the current system problems in the usufruct of sites of houses, and actively exploring the right circulation way of the usufruct of sites of houses, and improving the relevant legal system, is of great significance to protect the interests of farmers, promote rural economic development and ensure social stability in rural areas. This thesis can be divided into four parts.The first part is about the history and status of the usufruct of sites of houses. First, introduce the legislative history of the usufruct of sites of houses: Since establishing this country, China's rural land system experienced two stages from the private ownership to the collective ownership and the sites of houses has also experienced all the historic changes from the private owning to collective owning. According to the current legislation, China's rural house property right structure is that farmers have the right to use the sites of house and own the property of the house itself. Secondly, introduce the concept of the usufruct of sites of houses. Ever since the 1950s, the urban and rural residents of China have legally had the rights to use the state-owned land in the city and the collective-owned land in the country respectively, without any consideration or time limitation. During that time, the usufruct of sites of houses concluded the usufruct of town house and rural sites of houses. As Chinese accelerated speed of urbanization, China has gradually abolished the free usufruct of house for urban residents. The Property Law of 2007 adopted the usufruct of sites of houses concept. The concept refers specifically to the construction of rural residents own homes and ancillary facilities on the collective enjoyment of all the land in the possession and the right to use, not including the use of urban residents house. Again, outline that China's usufruct of sites of houses has the following legal characteristics: it relates to collective economic organizations as a member and has the nature of welfare; object limited to the collective ownership of land in rural areas; rural villagers'right to use the house is basically free, no deadline.The second part can be divided into real problems of house transfer and feasibility analysis. Firstly, nowadays land resources are scarce. China's rural areas have a large number of idle sites of houses and it becomes the most important issue of how to achieve the optimal allocation of land resources and improve the land system on the right to use sites of houses. Due to China's land publicly owned, land ownership can not enter the market circulation, the allocation of land resources through land use can only rely on the transference of Land Usufructuary and its circulation to achieve. Therefore, the circulation problems have become the core problem of the usufruct of sites of houses system. Secondly, introduce the meaning of the Usufruct of Sites of Houses: in accordance with China's existing laws and regulations, the right to use state-owned land and the right to use the land for building the collective land use right in the establishment have been convergence. Land use rights as an indispensable component of land use in the light of their own characteristics can be used with the transfer, mortgage, leasing, including circulation. Third, introduce the problem that exists in reality of circulation of the usufruct of sites of houses: the lack of resources in the sites of houses right transfer; the active transfer of RUHS, yet confidentially and covertly, has therefore constituted a recessive transaction market. Moreover, analyses the usufruct of sites of houses transfer feasibility. As a result, the questions of whether or not, and if yes, to what extent, the usufruct of sites of houses is allowed to transfer, have become the focal issues from the academia to the juridical community. There are two views: restrictions on freedom of circulation and freedom of circulation. Through the presentation of these views, analyze the advantages and disadvantages of free circulation of the usufruct of sites of houses, and point out that it is the requirement of development of the market economy and the result of deepening our economic system reform.The third part is about the practices of the judicial on the usufruct of sites of houses circulation. Firstly, introduce types and causes of the dispute about the usufruct of sites of houses and houses circulation. Current dispute of houses'usufruct and houses circulation can be divided into: 1.the contract disputes on the usufruct of land; 2. land mortgage contract disputes; 3. the contract disputes on the usufruct of sites of houses; 4. disputes on the rural housing jointly built; 5. disputes on houses mortgages of the land. Investigating the main causes, these are causes by the rise of real estate values, the legislative gaps, the differences between the understanding of the law as well as lax management by administrative departments. Secondly, introduce some standard of dispute judgment and the dispute in the judicial practice. In this way, we will recognize that the legislation indispensable on the usufruct of sites of houses circulation system makes the different standards of justice administration and it not only affects the judicial authority, and resulted in a large number of disputes. Therefore, it is imperative under the situation to consummate the circulation system of usufruct of sites of houses and strengthen legislation.The fourth part is the legislation idea of the usufruct of sites of houses. Firstly, it discusses the legislative value of the usufruct of sites of houses. It can be found easily that the precondition of the usufruct of sites of houses design is the value of order. In the current well-developed market economy, if the system still has a lot of restrictions which ignore the farmers needs on the benefit and punishment function of the usufruct of sites of houses and it falls short of the requirement of market economy. At present, the construction of the usufruct of sites of houses legislation system should pay more attention to building justice and the realization of the value in efficiency. One of the justices is equal rights. Therefore, in their enjoyment of the freedom of action in the usufruct of land and property ownership, whether urban or farmers rights should be equal. Efficiency of the system requires that we construct the legislation system around the dynamic usufruct of sites of houses as the centre, allowing the free circulation of the usufruct of sites of houses, in order to enliven the stock, improve land use efficiency. Secondly, it brings forward the specific ideas to improve the circulation system of the usufruct of sites of houses. Based on the member right, no time limit and no repayment of gain, the transfer should be necessary restricted, but not in a position to absolute restrictions and should be allowed to flow in a certain range. Therefore, on legislation, it should be made to clear use conditions, scope and specific form of the usufruct of sites of houses, in order to make the circulation legal and promote economic development in rural areas.