Research On The Homestead Usufruct System

Homestead usufruct is the most important right of farmers. China is anagricultural country, and rural population accounts for larger proportion. Peasants liveon the land for generations, and take the land as the most fundamental material in lifeand production. Except the cultivated land, the homestead is the most importantproperty for peasants. In China, the homestead usufruct system is brought out in theperiod of the planned economy. Due to the period of planned economy, thegovernment took the most effort on industrial construction. At the same time,agricultural products provided the basic security for industrial development. However,what farmers gained is inappropriate to what they have put in of the hard work. Thegovernment set up the homestead usufruct system to protect the peasants’ basic livingneeds. According to legal provisions, the farmers can use the land for free while theydon’t have the right to transfer the possession of land. With the development ofsociety, the homestead usufruct system can’t meet peasants’ need. Therefore, thehomestead usufruct system must be developed with the time. The author will analyzethe reasons for reforming the homestead usufruct system and hope to make thetheoretical improvement of the system.In the first part of this thesis, the author analyzes the current homestead usufructin the aspects of concept, nature and feature.In the second part of this thesis, the author takes the housing system in thehistory of our country and the current law as examples. In the meantime, the authoranalyzes the tradition of China’s housing system, and comes up with the feasibilitybased on the historical fact.In the third part of this thesis, the author compares the homestead usufructsystem with related rights to analyze the difference of them. In this way, thetheoretical support for the homestead usufruct is provided.In the fourth part of this thesis, the author lists problems of the homestead usufruct system to highlight the necessity of the reform to the system.In the fifth part of this thesis, the author puts forwards the suggestion to improvethe homestead usufruct system and hopes to provide directions for making the systemperfect.At the end of the thesis, the author makes a brief analysis of social equity.Furthermore, the author hopes the homestead usufruct system can truly safeguardpeasants’ interests and the maintenance of justice.