Research On The Transfer Of Idle Housing Sites In Rural Areas

The usufruct of the Rural Homestead is a legal system which affects people's life. The system is unique to China, and there is not existing foreign experience to use for China for reference. However, its collective ownship is established in China just for less than 30 years, and still in a period of exploration and development. Besides, during the past 30 years, the economy of China was in high-speed development, and its rural areas were also involved in the Wave of"Market Economy"to some extent. The progress of peasants'thought and the impact of the benefits from the system on people make the transfer of the Rural Homestead's usufruct attract great attention and concern.This thesis just discusses two situations in which the homestead is wasted, one is the idle rural homestead with house but no inhabitant and the other is the homestead with an area exceeding standard. As the development of rural economy, the idle rural homestead is certain to appear, while the transfer of it is not as hot as we think. just happens in a small scale.Suggestions and protection methods on idle housing site transfer in rural areas are opposed according to the application of law.This thesis includes five parts except the introduction and conclusion.The first part states the functions of homestead usufruct, defines the meaning of idle homestead, analyses the reasons making idle homestead appear, and points out that the appearance of idle homestead makes the transfer of homestead usufruct inevitable. The main functions of homestead usufruct are securing the stability of society, developing and improving the Socialist Market Economy. Idle housing sites mainly include housing sites without residents for a long time and those with area exceeding standards. The main causes make homestead idle are, the whole family moving out of the collective economic organization, a family only having daughter(s) (an only daughter, two or more daughters), the Construction of New Rural Areas, buying at a low price but selling at a high price, the geographical location of the homestead and changing of times.The second part of this thesis discusses the transfer of rural idle homestead at present. First of all, the author analyses the present condition of the transfer of idle homesteads which is discussed heatedly by the academic circle, and enumerates several conditions about the transfer of idle homestead, which including being used by the owner's nephew, being used by the owner's married daughter(s), being collected by the collective economic organization and reallocated, and selling to people who are in the same village with the owner, lending of renting to people in the same village or people in other villages.The third part of this thesis analyses the proplem caused by the transfer of rural idle homestead happening only in its own collective economic organization, which mainly include one family with more than one homesteads ; homestead ocuppying cultivated land.;problems of management in disorder; illegal examination and approval problems.The forth part of this thesis concludes the evolving progress of the legislation on the rights to homestead and analyses the present situation of the legislation. First of all, this thesis concludes the evolving progress of homestead legislation in China, and enumerates the regulations on the usufruct of homestead in Poverty Law, Land Management Law and other laws. At present, China is still at a growth stage on the legislation of homestead usufruct, and has few rules on it. However, every law is the results of a society's long development, and has its own stability. We should respect this property of it. The fifth part of this thesis gives proposals and protective methods on the transfer of idle homestead in rural area. indicating a stand that is against the transfer of homestead usufruct between rural and urban areas, and stating reasons .the author not only suggests that permittion should be given to make idle homesteads exchange and trade among different collective economic organizations, and married female members of a family in other collective organizations inherit the idle homestead, but points out the complementary relationship of these two suggestions. Then the author proposes formulating related policies of regulations and supporting facilities, setting up civil organization specializing in the management of homestead usufruct, carrying out the superintendence of all the members in a collective economic organization. Formulating related policies or regulations is mainly for keeping the stability of the law. The supportin facilities are for satisfying the need of carrying out the policies or regulations. Civil Management Organization of idle housing site is a civil organization that is democratically elected by villagers, independent of the Villagers Committee, directly gets instructions from the local people's government and they monitor each other. The organization is temporary and youthful, specializes in the management of idle housing sites in rural areas. The management scode of the civil organization includes doing on-site investigations on applying usufruct of homestead, and doing general surveys on the homestead area of every family. The civil organization shall work on change the oversize homestead to small homestead conforming to the national standard and handle well the transfer of idle homestead.