Study Of Rural Land Use Right System

In China, the right to use the country house site is an important right to immovables. Because of our policy and the reality of the countryside, it has lacked mobility for a long time. The Pass of Property Law in 2007 means the ending of the legislation about Property rights which has lasted for more than 10 years. However, this doesn't mean the termination of relating argumentations about the law. The chapter13 of the law includes 4 articls that regulate the rights to use the country house site of nation. While the content of the chapter are lack of creativity. This indicates that the rights to use the country house site are still regulated by land Regulation Law enacted in 1998 and by relating statutes. Perhaps, this will not satisfy us .So it is very important for us to go on studying the right to use the country house site. We have difficulties in obtaining experience for the characteristics of the right from the abroad .We can research the value and the malady of the right only from its history and status quo. And then we will find a reasonable system of the right to use the country house site.In addition of perface, this article is composed of 4 sections .The first section. The general outline on the right to use the country house site. The article briefly introduces the history evolution of the right to use the country house site in the following three periods: the land reform, the socialist transform period ,the reform and opening up period, difines the concept of the right to use the country house site ,summarizes the legal characteristics of the right to use the country house siteThe second section .The study of the nature of the right to use the country house site .The article introduces that the right to use the country house site is a kind of usufruct. Understanding the meaning of the legal nature deeply is necessary for us to study and reform the system of the right ot use the country house site .The general idea of law academia of our state is that the right to country house site is usufructuary right, but the law academia still have different ideas about what usufruct the right is. As an exculsive right in China ,the right to use country site has its own characteristics by contrast with superficies, personal servitude and usufruct of the urban site .The Property Right Law 2007 confirmed the right to use the country house site ,so now ,it has an independent status of the land system in China.The third section. Analysis of the present system of right to use the country house site .The article introduces the rules of the right to use country house site ,points out that the present system of the right to use the country house site has many defects in the process of obtaining, transaction and the termination. The reasons are also analized in this part.The fourth section. Perfection of the system of right to use the country house site. This part birefly introduces the following principles to perfect the system of the right to use the country house site, first, the collective land ownership must be persisted, the function of protection and survial must be persisted and limited, the right to use the country house site should own the whole usufructary nature, and the balance between the fairness and efficiency should be seeked out .On this basis of them ,the article provides the specific measures to perfect the system of the right to use the country house site ,elaborates several important suggestions in the process of perfecting the system . Only by this way can we keep the stability of the society and promote the development of the rural economy.