The Dilemma And Outlet Of The OPFORHS Legal System

The system of OPFORHS(one peasant family can only acquire one rural house site from the collective) not only provides peasants the legislative authority for acquiring RURHS (the right to the use of rural house site); but also offers the collective the important basis for revoking it. However, with the lack of sufficient research, the OPFORHS is usually considered to be a standard, which is only applied to the work of rural house site distribution in the field of theory. In fact, the system of OPFORHS, which guarantees the realization of peasants'homeownership scheme from the aspect of law, plays a significant role in preventing peasants from abusing rights of land, and brings stability and temperance in the use of rural house site. This paper will research the internal relation between OPFORHS and other systems from the angles of legislation, policy and practice, and explore the core value of the OPFORHS, in order to overcome the developmental bottleneck of the system, and remodeling the legal status and features of OPFORHS.This paper includes introduction, text and conclusion, and the text is composed by four parts following:The first part is about the value analysis of OPFORHS. For answering the question whether the OPFORHS should be repealed, the author, first of all, use the historical analysis method to research the growth of the OPFORHS in three deferent historical periods, and make a conclusion that the OPFORHS is a rural system that meets the Public ownership of land in China, then according to research the legislative intent, make a thorough inquiry about the value of OPFORHS, and refine the principle of using RURHS——equity comes first to balance efficiency, at last, according to research the legal construction of RURHS, discuss the legal status of OPFORHS, and define its adjustment rang. With the three parts above, it's undoubted that OPFORHS still plays an important part in the reform of rural house site.The second part is about the legislation defects of OPFORHS. Comparing with the policy and law, OPFORHS still needs to be promoted in legislation, such as the fuzzy concepts of peasant family and rural house site, the backward support mechanisms, and the lake of socialist country's features.The third part is about the practical problems of OPFORHS. By dividing "one family has more house site", "house site with no family" and "family has no house site" three parts, this paper offers a comprehensive introduction of the practical problems with analysis, which can be treated as a feedback for legislation.The four part is about the suggestions for promoting OPFORHS. With the analysis of OPFORHS's problems above, some suggestions of improvement are given from the aspect of legislation and practice. In the field of legislation, democracy and science are taken into the legal concept of OPFORHS; with the consideration of Chinese condition, the principle standard of peasant family and rural house site are put forward for the future legislation; in the field of practice, focusing on the whole support mechanisms, suggestions are connected with the residential system reform, registration of land rights, the distribution and recovery of the rural household site. On the other hand, against the unfair in execution of OPFORHS, the paper suggests promoting the approval mechanism, make sure the whole distribution process is under the supervision of peasants; in addiction, on the basis of administrative relief, the civil relief way is created for peasants.