On The Usufruct Transfer Of Homestead

The usufruct of homestead belongs to the farming land which is a usufructuary right in the Real Right Act, a significant right for the farmers. Therefore, the protection on this usufructuary right is an important project in"Three Rural Issues---Agriculture, Farmers and Countryside". Related laws at present have only drawn the outline on the stipulation of the usufruct of homestead, which lacks practical regulations against the usufruct transfer of homestead. But in reality, there are considerable cases of the usufruct transfer of homestead which has formed a hidden market. Conflicts often arise when the trading parties have disputes resulting in the loss of legal rights and interest of both parties with the intervention of the judicial branches, which consequently, affects rural stability on the whole. Grounded upon the survey of the status quo of the usufruct transfer of homestead, this paper sets out to list the historical account and legal features of the usufruct transfer of homestead with the methods of historical analysis, literature review, and applying theory with practice. Opinions that there is actual necessity to protect the usufruct transfer of homestead from the aspects of equal property right protection, developing theory of property rights and the modernization of countryside, that legal system construction should be followed in the usufruct transfer of homestead to perfect social welfare, reinforce the overall planning of urban and rural districts under the existing situation of the usufruct transfer of homestead, that specific warrants should be awarded to rural lots in the condition of no decreasing farmland, that there should be pilot construction of the usufruct transfer of homestead in relatively advanced areas, and that a coordinated series of land transaction market should be established to increase the value of usufruct transfer and protect the property and rights of the farmers were presented in the following studies.There are totally 5 chapters in this thesis as follows:ChapterⅠexplores the historical account of the usufruct system of homestead, giving a narration of the change process from individual to collective ownership of rural land, presents the idea that we should respect the history to protect the property rights of the farmers. The definition of the usufruct of homestead, several ordinary ways of the usufruct transfer of homestead and related disputes were also listed in this chapter.ChapterⅡintroduces the status quo of the usufruct transfer of homestead, legislative system, and the judicial dilemma resulting from vague validity of the transfer contracts aforementioned. Therefore, the indispensability and feasibility of the usufruct transfer of homestead was put forward in this chapter.ChapterⅢexpounds and proves the indispensability of the usufruct transfer of homestead from the aspects of the principle of equality in property rights protection, modern theories on property rights development, and the modernization of countryside.ChapterⅣanalyses the system guarantee of the usufruct transfer of homestead. Perfected rural social security system is the base and guarantee of the usufruct transfer of homestead.ChapterⅤanalyses how to establish the matched system of the usufruct transfer of homestead.