Research On The Systerm Of The Rural Usufructuary Of Land For Building

As a special real right for usufruct, the rural usufructuary of land for building has too much to do with the direct benifit of 900 million peasants in China. Consequently, it's improvement has extremely profound practical significance for the development of rural economy and the stability of rural society. With the growth of rural population and the acceleration of urbanization process, the demands for both protecting arable land resources and increasing the land for private house are inflating. In order to ease up the contradiction between population and land and to achieve the overall balance in coverage and replenishment of arable land, the allocation of land resources for private house must be optimized and the land for private must be made full use of rationally. However, under the current system of the rural usufructuary of land for building, on the one hand, the behaviors of villagers to exceedingly occupy such land to build houses is very widespread, which resulting in a huge loss of arable land resources; on the other hand, the situation that villagers don't have the complete property rights of the rural usufructuary of land for building makes the circulation of the related lands face quite a lot of limitations , which lead to the property value of such land demonstrating no effects. Therefore, it is necessary to draw on the experience of the urban state-owned land system which is characterized as "paid, time limited, and mobilized". Under the premise of ascertaining what is the property nature of the rural usufructuary of land for building, the authority should also consider the unique security function of this right in rural society to explore and establish the system for this right under the condition of market economy, which has an unpredictably great value in increasing peasant income, protecting arable land, raising the utilization ratio of rural land and accelerating establishment of a socialist harmonious society. This essay, on the basis of a comprehensive collection of main achievements in the rural usufructuary of land for building in academic circles with the combination of author's long-time life experience in rural areas, has been conducted a systematic normal research and theoretical analysis of the rural usufructuary of land for building, especially focusing on the description of the new content, new change and new problem related with this right stipulated in the Property Rights Law. The brief structure and the content of the essay are as follows:The first chapter describes the basic problem about the system of the rural usufructuary of land for building. In this sector, firstly, it describes the concepts and the characteristics of this right and explicitly defines the research targets. Secondly, through the comparison between this right and the relevant rights, it further clarifies the unique attributes of the rural usufructuary of land for building. Lastly, it discusses the historical evolution and introduces the development process of the right in detail from scratch.The second chapter analyzes the system of the rural usufructuary of land for building. In this sector it expounds the current system of this right in effect comprehensively, and basing on which points out its shortcomings. This part of selective analyzes that the circulation of the rural usufructuary of land for building has produced real right potency and creditor's rights potency.The third chapter describes some measures to improve the system of the rural usufructuary of land for building. In this sector it demonstrates the guiding ideology to improve the system of the right at first; and then under the guidance of the above ideology, the author not only analyzes the relevant theories of the improvement but also expounds his own point of view, which paving the way of getting the final conclusion; the right system is also constructed in the final part, which including the system of entities right and the system of the right protection.