Research On Issues In Inheriting The Right Of The Use Of House Site In Rural Areas

The right to use rural land for building houses is the outcome of the Age of the Planned Economic, the farmers get the rural land for building houses by a kind of special status. Rural land for building houses is a way for well-being and social security, so the laws about using this right in our country are based on protecting the attribution of this land, and forbid the circulation of rural land for building. As the restriction on the circulation of rural land for building, the property functions can not be realized, the rights of farmers are impaired, it could influence the developing of rural economics.With the rapid development of the market economy, the usufruct character and the valuable of the right to use the state-owned land are mostly reflected. At the same time, however, the circulation of the right to use collective land is always limited. As an important part of collective land use right, the right to use rural land for building houses is disregarded in a long term. This not only departs the principle of maximizing the market economy benefit, but also opposites the basic principle of the law in our country about maintaining justice and improving efficiency. In fact, as houses on rural land renting, trading, inheriting and the inseparability of house and land, the right to use rural land for building houses has already been transmitted. Circulation market of rural land for building houses has already shaped, blind restriction can only cause the twist in market and the absence in protection of benefits.This paper has four parts to expatiate on the issues, part one:though the analysis of management and policy system and the development of usufruct on rural land for building houses, then make sure the usufruct is the legal possession of the framers.Part two:though analysis four different cases about the usufruct on right transfer of rural land for building houses, then make sure the inheriting of usufruct on rural land for building house is legally. Part three:the illegal market of the rural land for homestead has already formed, this cannot protect the right belongs to the party. This forbidden is the prime reason for the issues occur. Part four and part five:setting up the unite market of rural and city land is the best way to solve the problems, at last part, give some advices about current system.