Usufructuary Vision Homestead Legal Issues Discussed

As an unique type of usufructuary rights, the right to use house sites itself is a comprehensive rights consisted of two aspects (member right and property rights) rather than a pure "property rights" concept. The two aspects have their different positions and functions according to the different periods. The existing legislation mode still takes the member rights as the cornerstone which contains "static property rights", to achieve the individual fundamental right as the ultimate value target. But with the economic and social development, the individual right can be achieved by other means or systems, especial by the promoting from the market economy, realizing the individual value becomes the value-oriented. So the "dynamic property rights" has been publicized. It' s urgent to reconstruct the legal system of the house sites on the basis of "dynamic property rights". Based on China' s real conditions and the systematical inertia, this article attempts to bypass the major institutional changes, with the vision of usufructuary rights field to explore legal issues. As to the existing house sites system defects and limitations, it uses the history analysis, law-economics analysis, comparative analysis, empirical analysis and other methods to study the historical background and the extant difficult position of China' s house sites system. In view of the defects and limitations of the current system of house sites, this paper discussed the pathes of improving house sites systems put forword by China's scholars. It analyzes the feasibility and necessity of the reconstruction of new usufructuary rights system of house sites in the new circumstance. It reaches that in the framework of the existing system, being not able to implemented the rural land privatization, by shelving of collective land ownership, but establishing a new usufructuary rights system of house sites is a more realistic option. This new system should be justice and efficiency-oriented, and it must focus on improving the empowerment of usufructuary rights. It should make efforts to promote the system of house sites to match our economic and social development demands and to meet the concept of private law of modern civil law, beginning with establishment and perfect the initial acquisition, compensation use in limited duration, moderate and reasonable transfer systems and relevant supporting system. And it is more adaptable to the demand of economic and society development. By which the inopportune limits of farmers suffering from the present system can be eradicated and give back the commodity trait the original state lands and houses in order to enable farmers to share their real property right. Which can eventually support to solve the " Three agricultural problems " and promote process of the " c-c overall plan " .