Study On The Transfer Of Usufruct In Rural Housing Land

As a special real right for usufruct, the usufruct in rural housing land has too much to do with the direct millions of peasants in China. So the system of the usufruct in rural housing land has extremely profound practical significance for the development of rural economy. However, under the current system of the usufruct in rural housing land, the transfer of the related lands for building faces lots of limitations which lead to the property value of such land demonstrating no effects. On the one hand, with the development of the market economy and the acceleration of urbanization process, the current system of the usufruct in rural housing land can't keep pace with the development request of society anymore. On the other hand, village in the center of the developed areas and the city outskirts of the rural house disorderly circulate in the"hidden land market". The contradiction and conflict between legal system which strictly limits the transaction of rural residential land and social reality become more and more intensive. Therefore, studying the system of the usufruct in rural housing land has huge practical significance and theoretic significance.This dissertation, on the basic of a comprehensive collection of main achievements in the usufruct in rural housing land in academic circles, conducted a systematic normal research and theoretical analysis of t the usufruct in rural housing land.There are five parts in this dissertation.The first part of this dissertation looks back the case of Li Yulan sues Ma Haitao about rural residential land. It mainly reviews the whole event, and finds out that it has got caused widespread discussion in the society. And then, it brings the analysis about the usufruct in rural housing land from the legal perspective.The second part of this dissertation is the study about the nature of the usufruct in rural housing land and the conflict between the two natures. The usufruct in rural housing land has two natures. Firstly, it's a kind of usufructuary right. Secondly, it's a kind of social security. The usufructuary right demands freely transition, but the nature of social security demands stabilization. Thus, the two natures conflict with each other. The usufruct in rural housing land is stipulated in the Property Rights Law. So the essential attributes of the usufruct in rural housing land is a kind of usufructuary right and it must have the ability of transition.The third part of this dissertation is a study of the inevitability and actuality about the transfer of the usufruct in rural housing land. With the development of reform and open process and the acceleration of urbanization process, lots of rural workers are flooding into big cities in China. The communication between rural people and urban people is more and more frequent. So the transfer of the usufruct in rural housing land, which is the demand to adapt the movement of population, changes the unreasonable structure of our society in which urban area and rural area are in opposition, becomes irreversible.The fourth part of this dissertation is a study about the obstacle of the transfer of the usufruct in rural housing land. The property right of the usufruct in rural housing land is unclear. The subject of the right is vacant. The legislation and policy about the usufruct in rural housing land aren't comprehensive, which makes the judicial practice that solves the dispute of the usufruct in rural housing land fall into dilemma between legal rule and society reality. In addition, the real estate market in rural area is chaotic. Those factors restrict the transfer of the usufruct in rural housing land.In the fifth part of this dissertation, I put forward some suggestions about how to improve the system of the transition of usufruct in rural housing land. There are four suggestions in this part. We must clear the property right of the usufruct in rural housing land, amend the existing legislation to make it accommodative to the society and create a market environment which is featured by unified openness, fair competition and orderly operation.