The Land Legal System Research

The countryside homestead right of use is the basic means of subsistence farmers,and also satisfy the fundamental guarantee of farmers ’ demand for housing. Thecountryside homestead right of use system is a fundamental land system in rural China, ithas benefits, membership characteristics and so on. It played an important role andrelevance for the maintenance of social stability in rural areas and promoting theharmonious development of society. But as China’s economy improving and socialistmarket economy maturing, the drawbacks of Acquirement system began to emerge. Aseries of problem derived from the backwardness and unreasonable of China’s existingland tenure systems. For example, multi-family issues, a large number of homestead idleand unreasonable planning, occupy the high incidence of cultivated land, housing oflimited property issue and so on. Existing land tenure systems are not conducive to thesocio-economic development in rural areas and breaking the dual structure of urban andrural areas. So it severely hindering the process of urbanization in China. Therefore, thewriter made a comprehensive explanation and analysis of the existing land tenuresystems from the perspective of safeguarding farmers ’ rights and interests and coupledwith China’s special conditions. Especially the writer made a focus interpretation andanalysis on practice dilemma of housing problems, legislation of the content and itsdiscontents, Finally combine the wtiter’s knowledge and put forward suggestions onperfecting the acquirement of system. This paper first briefly outline the countrysidehomestead right of use.And then, the writer elaborate the existing housing systemproblems in practice and analysis the legislative content and its deficiencies of thehomestead from system level. Finaly, the writer concludes with suggestions onperfecting the acquirement of system.