Analysis On Some Representative Cases Executing The Right Of Use Of Homestead And Its Attached House

The Decision on Major Issues Concerning Comprehensively Deepening Reforms was adopted at the close of the Third Plenary Session of the18th CPC Central Committee, making some new rules of the right of use of homestead. It said:"Farmers will be given more property rights....Moreover, the homestead system in rural areas will be improved, and farmers’usufruct rights of homestead will be ensured. A pilot program will be carried out in some areas to discover other channels for improving farmers’income. A rural property-rights trading market will be established." These new rules have aroused a heated debate on using and trading of the right of use of homestead and its attached house again, after the promulgation of Real Right Law of the People’s Republic of China. But, these new rules are just some general provisions on the homestead system. It is necessary to make some detailed rules.In fact, after the implementation of the reform and open policy in China, especially after the vigorously promotion of the "urbanization" construction, the value of the right of use of homestead and its attached house is continuously increasing. More and more scholars and commen people pay attention to the subject of using and trading of the right of use of homestead and its attached house. However, in view of the homestead system affects the stability of China’s vast rural areas, our country hasn’t made any rule of using and trading of the right of use of homestead and its attached house. In this paper, I, as a judge of the executive agency of a primary court, will quest for the legality and rationality of the execution of the right of use of homestead and its attached house in the current homestead system, instead of analyzing the question whether trading of the right of use of homestead and its attached house should be allowed or not.As a judge of the executive agency of Tianhe District Primary Court in Guangzhou City, I am aware of the execution of the right of use of homestead and its attached house deeply in many-years-experience of executive work in the court, The court that I work in has jurisdiction over the central city area of Guangzhou. In this area, there are a lot of villages-inside-a-city scattered all over like stars in the sky. The bothers between the villagers and urban residents are increasing very day, as they communicate in all aspects of daily life frequently. As a result, the cases in which the villagers become the person subject to enforcement are constantly emerging. In this paper, I will choice three topic cases in which the judge executed the right of use of homestead and its attached house of the person subject to enforcement. Then I will analyze some problems rising from these cases, in order to solve the difficult enforcement of civil judgment in case that the person subject to enforcement has his own right of use of homestead and its attached house. For the convenience of discussion, in this paper, I call the house attached homestead short for the house attached the right of use of homestead.