| The formation of our existing rural residential land use rights system, along with the changing needs of the Chinese revolution and reform, the evolving, formed in the planned economy era background, the purpose is to protect the majority of migrant labor has been home to in the process of production and life, and will not displaced, which also play a system to ensure the stable development of China’s. However, with the arrival of the reform and opening up, the market economy to take root in the land of China, booming commodity economy has a monetary value of all means of production, rural homestead has also become an resources, resulting in a political value system of rural residential land use rights there are some conflicts with the market value. China in a big step towards the process of urbanization, a large number of rural residents to leave the collective economic organizations as education, employment, marriage and other reasons, strict identity of rural residential land use rights, homestead right to use inheritance disputes China’s present existence of extensive and widespread problem.Wang homestead inheritance dispute, for example, thinking of rural residential land use rights to inherit triggered the debate, the focus of debate, legal analysis and interpretation, and rural residential land use right of inheritance solution feasible suggestions.The first part of this paper the historical background of large-scale urbanization in China, Wang homestead inheritance dispute, for example, the focus of the controversy triggered by the rural residential land use right of inheritance.Inherited cases of rural land use rights the focus of controversy in the second part of the legal analysis. Including kinship and geopolitical realities of rural residential land use rights inherited, reasonable market value homestead limited impact on the housing transaction object, public and private interests in rural residential land use rights inherited contradictions, our laws and how to define.The third part analyzes the feasibility succession issues dealing with rural land use right. Mainly including handling inherited the legal basis and the value of rural land use right base and deal with the inherited reflections of rural land use right. |
