A Study On Our Country's Homestead Legislation And Citizen's Private Power Protection

The countryside homestead is the countryside land important constituent.The homestead right of use is a farmer's most basic property right. Has the Chinese characteristic as one kind with the profit real right, the homestead right of use should obtain the full affirmation in our country real right system legal status.But at present our country homestead legislation is at the relative lag actually the condition.Our country uses in the rules and regulations homestead the legal laws and regulations mostly forming at present in the planned economy time, has already had the question in the commodity economy time which the theory and the practice comes apart seriously.Since long ago, our country law by the free use, the prohibition pasts continuously takes the homestead system the legal rule, so that forms the model the city and countryside construction to use the two-track system.The state-owned construction uses the right of use to be possible to enter the market splendidly pasts, but the homestead right of use only can pass"the stealth market"to past spontaneously.Thus has created between the homestead legislation and the citizen private property rights contradiction.Along with the practice development, the urgent need resolves this kind of contradiction.This article elaborated systematically our country's homestead legislation development condition, as well as at present with between farmer's private right conflict which produces as a result of the homestead legislation lag, and has carried on the analysis on the solution method.The full text altogether divides into four parts:The first part, reviewed our country 30 year land transformations, proposed uses the place by the homestead primarily rural reconstruction the reform to be imminent;The second part, the system elaborated our country countryside homestead legislation development and the present situation, and the value orientation which legislated to present our country have carried on the analysis; The third part, has analyzed our country homestead legislation comprehensively to our country citizen private power protection present situation; The fourth part, with pasts two aspects from the homestead assignment to obtain, how to consummates our country homestead legal regime, protected the citizen private power to carry on the analysis.