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The Studying Of The System Of Right On Rural Resident Land

Posted on:2010-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
GTID:2196360275486501Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The system of usufruct right on rural residence land is a Chinese characteristics'rural land system, set up to the protection of peasant's life right, featured as the membership, the free welfare and the permanence and so on. The system plays an important role in social stability and social security from the fundament to the beginning of reform and opening up. With the deeply development of socialist market economic system and the increasingly transact of social resources, the usufruct right on rural residence land as a scarce resource, its'strict access on the membership, administrative interference, the prohibition or restriction of rural land trade and so on, cause negative results happen frequently, such as"more than one house", the residential excessive area of house as well as other waste situations, and the secret turnover. Not only on China's rural land is a waste of resources, but also hinder farmers "realize" the legitimate rights in way of financing business, and have bad impacts on the overall plan of villages and rural economic development. 0n these groundings, the paper choose the study on the system of usufruct right on rural residence land, from the Law and Economics, Sociology of Law and Comparative Law to analyze the system's basic concepts, the characteristics and the historical development, to obtain the existing problems, and then, give the specific recommendations or some references about constructing the law system of usufruct right on rural residence land. This article holds that in the process of Legislative the government should be realize the'property'character, permit the transfer of the usufruct right on rural residence land, in order to fit the requirements of market economy and make most of the potential economic value, and to promote the effective integration between its'social function and economic function, injecting vitality into harmonious society construction and solution of Rural issues.
Keywords/Search Tags:usufruct right on rural residence land, property, the transit of usufruct right on rural residence land, Collective property rig
PDF Full Text Request
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