Study On Legal System Of China Rural Homestead Use Right

Land is an important material in humane development, especially for contemporary China.Along with the contradictory fact that China has a large population with less land,the land has been seen as scarce resources day by day. The land has ever been the fundamental subsistence for farmers,so China established its legal system of land use rights for rural homestead on the basis of the idea of social idea"the tenant has its room"."The social need is the right", under circumstance of China economic development and the establishment and improvement of our socialist market-oriental economy,the current system of rural homestead use right has been meeting with many difficulties and the barriers faced up with reality. Problems, with the respect to the legislative value,use and administration of the land, has caused a great threat to the limited land resource ,especially the protection of arable land,and so has crops safety and the stability of economy,society and sustainable development. As an old saying goes "Stream, not to advance is to go back" ,there is no exaggeration that the old-fashioned system have to be reformed. Therefore, to carry out scientific and systematic improvement on the present problems, which is of great importance and significance to promote the construction of our socialist countryside ,the urban and rural coordinated development and socialist harmonious society.The thesis comprises four parts besides the introduction and epilogue . As to the general structure ,the author attempts to comb out and argue the system of rural homestead use right ,in particular the use and management.First, generalize the system. This part focuses on the pattern of disposing of rural land right and its concept,nature,characteristic and summary.Second, historical dimension: the historical developing path of the legal system of rural homestead use right."In history as sign, can gain and loss".Anying could find its lasting print. The system has no exception.The phrase from 1949 to 1956 is the transitional stage; 1956-1963 is the stage when the system was set; from 1978 on to the new age of reform and open-up, the author analyzes the three historical development stages. Summarizes our country legal system of the countryside homestead right of use value concept of legislation, historical reasons of existing problems and defects of, for the next section of this paper to be twisted. Third, predicament dimension: bottleneck of current homestead use and management.This part is the key one where problems are exposed and analyzed.The bottleneck is as follows: transfer barrier,one househole with more than dwellings,exceeding use,random occupation and construction,construction without approval,small property room,the censorship,lack of right registry,authority division and cocodination and legal supervision absent and so on. However, the key point is that we shall draw lessons from the fact that the current system caused great waste and damage to the arable land.And new system must be put forward and innovated.Fourth, outlet choice: innovation and improvement on the present system. This part is the solution to the system, which is critical. The author will formulate the existing problems so as to probe the predicament of legal system of rural homestead use right. Because of limited knowledge and insufficiency of practical inspection,poor and plain analysis and discussion is done on this subject. But"tour of the great distance will begin under the foot"is with me and self-insufficiency will be the power of stepping forward.And deep and comprehensive discourse will be further made in the later practice and research on this issue.