Study On The Acquisition Of The Using Rights Rural Residence Base

Residence base in the rural constitute the major parts of lands in the countryside. From the nature of land use right, It is a character with the right to social welfare,and it is membership of farmers based on collective welfare and security enjoyed by. Based on this, the state made the scope of land use right of the main limitations and qualifications to make certain that only members of the rural collective economic groups can enjoy the land use right, it is free to obtain, and household can have a homestead, if the lease, sale or gift to others houses, and then apply for house sites shall not be approved. Urban residents do not have access to rural land use right qualifications, the villagers if the house sold, can only be transferred to a member of the collective economic organization. Therefore, the law the right to dispose of human rights for the rural homestead of the great limitations, and strictly control the circulation of the issue of rural residential land. nheritance and mortgage, the homestead house on the property legally belongs to individuals, but it can be inherited or mortgaged homestead had a huge controversy. How can one by one to resolve disputes and improve China's Rural Housing Land Use Right System. This article describes three aspects:The first is made for the land use right history and current status of the legal provisions and practice.Secondly, the main homestead described the existence of the current hot issue, the scholars dispute the main points and issues.Finally, how to improve, including the need for improvement and construction of rural residential land use right acquisition system.