Based On "Mr Li Inherited Property Case" To Talk About The Inheritance Of Rural Housing For Urban Residents

In our country has entered the overall collapse of dual structure, urban and rural integration pattern formed an important period, farmers for the death the house as inheritance, rooms and separation of the ownership of the land is our research problem of housing land use right to inherit the premise.Based on mr li inheritance for topic which leads to the reality of urban residents in succession of rural housing disputes, then summarizes disputes, and legal analysis, and then according to the analysis to deal with the case put forward their own opinions.This paper first select judicial and theory of the typical case, namely "Mr Li inheritance case", the main content is Mr Li because working reason LiZhuangCun entrance and from rural to urban registered permanent residence registered permanent residence, then their parents died, left a house property, Mr Li was going to inherit from their parents house, but it was in the village committee Li stop, both sides it in court, the court to Mr Li subject qualification not qualified for decision to reject the Mr Li ’s petition.This kind of phenomenon existence after all has its reasons, so after the case analysis, mainly analyzes the homestead right of use to dispute the existing problems and reasons, homestead right of use shall not inherit lead to consequences. Different views are part of the judicial practice and academic circles for urban residents can inherit the land use right dispute, mainly is the party support, a party against. That is the focus of dispute, this part mainly summarizes the disputing parties dispute focus, town residents could inherit the rural housing, mainly could inherit the countryside homestead right of use to. Finally the author bright bright his view that allow urban residents in certain conditions of rural property inheritance. The author to "Mr Li inheritance case", and proposed own view. That is, from protection of citizens’ legal private property rights and the right Angle, adhere to the principle of fairness, allowing the urban residents of rural property inheritance, but need to pay a fee, and under certain conditions allow collective land back. At the same time, in order to perfect the system of land use right, we should reform the system problems, mainly in the household registration system.Theoretically homestead right of use inheritance has the feasibility and the necessity, so the author analyzed theoretically the feasibility of land inheritance, necessity analysis. Feasibility analysis includes legislative technical feasibility, legal basis and social base combination; Analysis of the necessity of including the display of homestead right of use usufructuary right attribute and protection of citizens’ legal private property rights; The end of the paper is about the homestead right of use to improve Suggestions. This part mainly from the system design and the right to exercise and auxiliary measures to discuss.