The Legal Improvement Of Right On Rural Resident Land

The right on rural resident is a special right to immovables in our country,from the land reform movement, "Safeguard right of occupancy,realize every farmer has its room"is always the only value target throughout the legislation of the right on rural resident land. So the right lack of circulation,and the nature of a usufructuary right can be expressed. When our nation have entered market economy, the legal system should proper attention to both safeguard target and efficiency target.We cannot emphasis social stability function and distribution function so much,but sacrifice economic efficiency function. If there is no efficiency,the poverty of farmer cannot be solved. Because there is great controversy,this problem is evaded in our new Property Law. So there is great significance in studying the consummation of the system of right on rural resident land in the future.The article is divided into 3 parts.The fist part includes the preface,chapter 1 and chapter 2.Chapter 3 is the second part, and the third part is made up of chapter 4 and the conclusion.The preface introduce the background and significance of the thesis.The first chapter mainly introduce the present situation of our system of right on rural resident land. Because of the particularity of our conditions,learning how does it come up will help us know the the root causes of the problem.Then we can analysis and resolve the matter in reality. Through analyzing the present trouble in chapter 2,maybe we can find the precondition to solve it.The second part mainly discuss the core problem necessity of circulation. Whether the right to the use of curtilage can be transfered is a hot issue in amending the Law Relating to Rights over Things.The mobility of usufruct right on rural residence land have been avaded in the new law,maybe it will adapt to the future situation.And it can reserve reformatory space for the circulation of the right to the use of curtilage. Circulation of usufruct right on rural residence land is necessary to Marketability.Land's value cannot be realized without circulation.After analyzing the several problems about the circulation of the right on rural resident land,we can weigh the advantages and disadvantages and realize the necessity of circulation.When the necessity of circulation have been recognized, amending and carrying out the new law have been researched in part 3. Registration system should be established ,and the conditions and procedures should be consummated.All the cases of curtilage's circulation and extinction should be stipulated,and we can conceive the idea of seting up a vertical management system to pretect land.Because there are many different ideas about circulation, we can make experiments in some places at first and then promote it nationally.Conclusion is the summary the article.