On The Improvement Of The Legal System Of Rural Land Use Right

Rural sites of houses, on which Chinese peasants build their houses so they canlive in, are obviously important. The system of using rural sites of houses which isusufructuary right characteristic of our country, was set up since our country wasestablished, it also changed along with the developing society, and fixed in 1960suntil now. Developing production capability needs reformatory productionrelations, the theoretical system of using rural sites of houses has disjointed withpractice in front of the shock of marketization and urbanization, both legislator andscholar should pay their attention to it. But as the matter of fact, it lacks legislationof using rural sites of houses and people argues about it's nature, characteristic,value, direction to develop within the framework of civil law. I will begin with thethesis of "government intervention" in economic law, research the theory andpractice of using rural sites of houses combined with basic theory of civil law.In addition to preface, this thesis is composed of 4 parts:In the preface, I investigated a village in my hometown and drew a table whichincludes their area of house, building structure, buying and selling, rent, mortgage,inheritance and owner's opinion. After analyze these data, I found it's time toinnovate this system.In the first section, I explained rural site of houses and it's upper consept:collective land, collective land for construction, after that, I explained right to userural site of houses, analyzed it's nature and characteristics with the basic theory ofreal law, quoted some schools of thoughts. Finally, I got my own opinion: itbelongs to usufructuary right, a sort of surface rights, and is members' right for freebecause government offers welfare to peasants.The second section is about our present system of using rural sites of housesand it's deficiency. How people got this right, how they use it and how they rent orsell it, how our basic level governments manage it. After my analysis from history,economy and law, I got a conclusion that our present system of using rural sites ofhouses has obstructed our rural economics, and it need transformed anxiously.In the third section I put forward my conception: complete the system of usingrural sites of houses. First, quote the theory of "government intervention", discussed the importance and necessity of government control the rural land,which was a very important resources. Second, we must strengthen the civilsubject's status of the "peasants collective", let them carry out their ownership ofsites of houses. Third, let down the bars of limitation to circulation and last one,strengthen the management.The fourth section illustrated protection of using rural sites of houses againstillegal invasion, especially the unreasonable system of compensation for lands, weneed pay attention to the value of land and legal right of peasants. This section alsocall for peasants to collect funds for cooperative house-building, it's a valuablepath to increase peasants' dwelling level in our country.