The Acquisition Institution Of Rural Housing Land Usufruct Rights

The institution of rural housing land usufruct rights has something to do with therealization of farmers’ rights of living. And its main part is the system of acquisitionwhich is consist of original acquisition regulation and derivative acquisitionregulation. Nowadays, the present regulations about the two system above have lots oflack on such as value orientation,legislation system and so on. All of these faults canbe summed up as disconnection between the legislation and so social situation.However, the disconnection is largely involved of the absence of systematizationthoughts about the institution of rural housing land usufruct rights. Consequently,conducting this kind of ponder is the aim of this paper.Following the thinking routine of from theory to regulation to practice,this articlecombs related ideas and regulation. Then, the author put forward principles of thewhole institution and the skeleton of original acquisition system and derivativeacquisition regulation. Besides the introduction and conclusion, four parts constitutethis paper.The first part is about the fundamental concepts of the institution of rural housingland usufruct rights. In this part,the paper specifics the rights of rural housing landusufruct,clarifies the nature of this right. Through the comparison to land-use right forconstruction, we figure out the characteristics of rural housing land usufruct rights. Atlast, this article discussed the relationship between the real right function andprotective function of the usufruct rights. Therefore, the author pointed out that theformer should be more important.The second is about the regulations of institution of rural housing land usufructrights. Look back the history regulations, I found the trend of the institution whichconsist of four levels. First of all, the related rules finally were legislated by nationinstead of the party in power. Yet, the rights were restricted more and more strictly.Correspondingly, the regulation was out of the line with social situation. By reviewingthe present institution, this article pointed out the shorts of the system. The first is themess of the system of this institution. Secondly, the regulation does not cover andmatch the social facts,and its value orientation is single. At the end of this part, theauthor concluded three pieces of the principle which are efficiency first, better plan, economizing land, respecting rights and proper restrictions.The third part focuses on the system of original acquisition of rural housing landusufruct rights. Via making summary of the present theories and practice, the papercame up with the outline of the system of original acquisition of rural housing landusufruct rights. In my opinion, the rights owners should be divided into normal onesand special ones. As for the application for house land,the former can get land withnothing, part of the other should pay for it. Yet,all of them should put application totheir villages. At last, the author made discussion on the administration examinationand approval, right relief program, acquisition registration,and rights period.The forth part concentrate on the system of derivative acquisition of ruralhousing land usufruct rights. Based on the analysis of present theories, the authorthought the rural housing land usufruct rights should be transferred freely. Then, thewriter figured out the main body of the system of derivative acquisition from thesubject, the object, the transferee and restrictions. From the view of the writer, thesubject and the object during the transfer should be legal, and all civil entities can betransferees. But,the transfer must be restricted by preemptive right, the period ofrights registration.