The Discussion On The Improvement Of The Housing Land Usufruct System

The rural housing land related to the vital interests of the broad masses of farmers, to some extent, it's not only the subsistence but also the peasant's production materials, it has a special status and importance As the gradual improvement of China's socialist market economic system and the rural land system, the gap between the existing rural housing land usufruct system and the reality show clearly. The related problems, conflicts and drawbacks associated. At the same time, as to the rural housing land usufruct which involves national security interests of the farmers. The property law, after seven times adoption by the National People's Congress Standing Committee, which implemented on October 1, 2007, has stipulated the rural housing land usufruct with a special chapter, it has great positive significance on the clearance of the usufructuary right. But it has only four provisions (Article 152 -155), more is to "applies to land management laws and relevant regulations of the state" Has not made any substantive breakthrough to the present stipulation. As a result, in-depth study of rural housing land usufruct system, to regulate and improve the gain and circulation and management of rural housing land usufruct system from a legal point of view has a very important practical significance and theoretical significance.This article mainly divides into four major parts:The first part, the basic legal issues of rural housing land usufruct .after clearance of the rural housing land usufruct, analyzed the characteristics of rural housing land usufruct, mainly carries on the comprehensive inspection of the rural housing land usufruct legal relationship from the aspect of legal relationship essential, the overall analysis the subject, the object, the content of the rural housing land usufruct and have carried on the thorough discussion to the research of the rural housing land usufruct in theorists and the practical, briefly introduced the evolution and development of the process of our rural housing land usufruct system. and made the analysis to the current regulations on rural housing land usufruct.The second part, improvement of rural housing land usufruct obtain system, after having analyzed the present situation existing obtain system and the flaw, gives the viewpoint that to improvement the application main body, the condition, the procedure, build compensable get system and the registration system;The third part, regarding the circulation system of rural housing land usufruct, it has analyzed on the basis of the problems of the legislation of the circulation system of rural housing land usufruct, suggested that to improve the system from legislation way, mainly about circulation range, condition, procedure, mode, and the distribution of circulation income system. The forth part, Regarding the management system of rural housing land usufruct, has mainly analyzed the present system's insufficiency and proposed the concrete measures of the consummation of present system.Finally, I believe that, in the process of our rural housing land usufruct system, must strictly insist to take the market economy as the foundation; Take the efficiency and fair coordinated as ideas. In order to build a relatively fair and reasonable institutional framework of rural housing land usufruct. Safeguard the realization of farmer's rights and interests, maintains the stability of social order and promotes the development of rural economy.