An Empirical Analysis Of Rural Housing Land Tenure Disputes

There are 130m people in china, 90m of them livein the county. Land is the basis requirement for the life of thepeasant. With the land-collective ownership system by theworking people, farmers build houses to meet their demand. Thebuilding plot-use rights are close with personal interest. But,in the long term, legislation didn't pay attention to these rights.Many fundamental problems are undefined. Even it's difficult forus to find a monograph about these. For resolving the problemsin judicial practice, the author collected cases and documentsand sorted them out. And then, found that there were lots ofquestions worthy to be discussed. So the author decides to writethis article through demonstration analysis for organizingjudges' ideas and giving suggestions to legislative authors. Forthis end, finding a way to know how to use legislation and policysettle disputes is most Important. If can't, the author will quotetheories and table proposals.The article includes four parts. PartⅠis foreword. Thehistorical reference and attribute of building plot-use rightsin the county have been given. In partⅡ, the author sorts thedisputes into three classes. Follow questions bring judicialproblems: legislation dose not define the borderline of buildingplot-use rights, not be sure subjects of rights, as well as therelation between land and house. In partⅢ, the author resolvesproblems one by one by using stipulations and theories aboutcrossing-boundary building, giving legislative suggestion ofspace-use rights. The article also includes keys of resolvingcontradictions between county's customs and civil rights,includes how to confirm the subjects of building plot-use rights.At last, the article discusses the effectiveness of transferringbuilding plot-use rights or house and one of house mortagage.PartⅣis tag.