Research On The Right Of Our Rural Homestead To Use

Since1949, rural population in our country is constantly rising.in relative,the total amount of land and resources are limited, which makes man-land contradiction more and more serious. For the countryside, there is constantly increase in the amount of the homestead. For increased of house-site in the countryside, with the rapid growth of the rural population, and the population of urban to rural take up a large number of rural land. However, the reason for the management of house-site in countryside is the most important reason for chaos, there are a lot of house sites in rural leave unused. In recent years, the progress of urbanization in our country, makes some farmers turn into citizen, due to the acquisition of housing land use right is free of charge, many villagers in rural homestead won’t leave uncultivated land back to collective economic ownership, as the result, the loss of the utilization of rural land become gravely.In order to improve the supervise of land utilization in our country, especially the problem of waste of house-site in the countryside, the government promulgated many rules for regulate the land using, scholars also began to research the right of use for rural housing land. With the land system is peculiar in our country, the foreign have not the regulation of land system, we can’t learn foreign experience for our question, that we should combine of the theory and the practice, constantly to develop the system of right to use house sites for the current economic.Studying right to use house sites through theory and practice method, this paper aiming to providing powerful reference for land reform based on house sites revolution. From the start, this paper analyzed the nature of the rural land system in our country, and introduced and clarified the four phases to determine housing land use right. Then defects in legislative provisions of the right to use house sites were found after the carding of current situation of legislation. The second part of the paper concluded the problems of homestead and analyzed the causes. The third part summarized the successful experience and made comments about tested areas with empirical research of testing pilot like Guangzhou, Tianjin, Chengdu, etc. The fourth part is to solve the problems of housing land use right. This paper insists that need to be regulated in three aspects:first, transforming the single function of protection. In order to meet the needs of the current rural economic development, we should adhere to the principle of efficiency first with fairness. The second, achieving procedure standards of rural homestead right to use, which should be completed in definition of famers, application process, and the registration system of housing land use right. And the last, regulating the using of housing land use right. According to property law of the provisions of profit real right, the owner has complete disciplinary right of the subject matter. Right to the use of curtilage is a kind of profit real right, so the owner also has the complete disciplinary right. The owner can buy, sell, lease, mortgage, inheritance and gift the land use right freely. The last part of this paper is the conclusion. It summarized the current system of rural homestead simply, and put forward the significance of perfecting the system of housing land use rights, and expressed the hope for future revolution.