Study On The Prolems Arising From The Execution Of The Usufruct Of Rural Residence Land

Rural residence land which is one of the most important means of peasants, and which only conforms with the housing of rural residents,plays a role in offering protection for every peasants to have his own refuge. As a result, it has an obvious and great significance for the nine hundred million peasants in China. The contents of this essay are to discuss the situation where whether the court are able to execute and how to execute the judgment, when a peasant, as the enforced, has no property except the housing on the rural residence land or even the simple right of applying residence. This referred to the issues of the execution of the right of applying residence. The essay above just lays emphasis on the crucial points, because it involves many aspects when talking about those issues. To solve the difficulties of the execution of the right of applying residence, first of all, we must establish a pre-condition: the circulation of the right of applying residence shall be allowed so that the free market trade shall come true. Otherwise, it is impossible to execute the cases with regard to the rural residence land. Nevertheless, since the right of applying residence which serves as the target of the rural residence land cases, we have to be cautious. Under the current situation, many hold the opinion that with an uncompleted social security system in China, the right of applying residence functions similarly to the land poverty management in keeping the basic social security. If market mechanism is introduced, a large number of peasants will lose their homes. And this will do harm to the stability of our nation.However, after careful analysis, the author thinks that this idea is the creature of the ideology of the Planning Market, and also the result of treating farmers as handicapped and limited of civil action. And it also obstructs the farmer from realizing the function of the realty right. Moreover, to recognize and regulate on the land circulation is also one of the feasible tools for controlling the underground trade of rural residence land. At last, the author things through the specific regulations of our country, and argues that the law never definitely prohibits the circulation of the residence land. From the analysis of the theory, usufruct of the residence land can be the object of the circulation. However, because there exist many contradictions between the regulations and policies, it is very hard for the court to apply the law in the execution procedure. Thus, to circulate the usufruct of the residence land may cause the result of losing the defendant's right and also break of law. To solve this problem, the author thinks that we can refer the system of compulsory management regulated in other countries'law system, which could balance the right between the plaintiff and defendant. In the second half the thesis, the author argues about the problems arising from the specific execution cases, major in the problems of the enforcement measures. Through the discussion above, the author thinks it is very significant that we grant the usufruct of residence land the object of the execution.