On Usufruct Of Rural Land: A Private Law Spectrum

The traditional managerial system of rural land for the purpose of function as house security/safeguard is the obvious characteristics which emphasize on administration, while despise the protection of private rights. However, there are some serious problems in the current system implement of the Rural land Usufruct, such as illegal approval procedure,unfair distribution of usufruct,disorder of exchange and so forth. All the problems are the serious negative effects which were brought by the inconsistent between the traditional system and social economic development. Through the root cause of system, the negligence of the Rural land Usufruct as the essence of private property rights is the vital reason for the deviation of legislative value orientation in the whole rural land system. Fully take into account the current situation and trend of development of the market economy in my country, Housing legislation of rural system should ensure two legislative value ,one is housing indemnificatory, the other is property quality on usufruct right on rural residence land, function . On one hand, perfect the housing guarantee function of the rural residence land not only by defining the owner of usufruct right on rural residence land and the way he gain the right, but also by making clear the meaning of "one family one house" and the measure to carry out it. On the other hand, as usufruct right on rural residence land is a usufruct, we should regulate and restrict the way it operates, and perfect the usufruct right on rural residence land loss and restrict system to offer usufruct right on rural residence land a reasonable way to implement as a civil right.