Study On The Nature Of Rural Housing Land

Land is the most basic and one of the most important production and living materials, homestead is the important living resources of the rural residents in our country. The land resources belongs to the country and do not allow the sale and purchase of land collectively owned by peasants, through the design of the system of housing land use right to implement land use value. The current system of housing land use right in the traditional civil law countries of qualitative usufructuary right system on the basis of the right to use house sites in the usufructuary right, and combined with Chinese actual conditions to limit the transfer of use right of the land,but with the continuous development of social economy, the disadvantages of current system of housing land use right has become increasingly strengthen. On the one hand,farmers with land ownership of the house, however, due to the limitation of housing land use right transfer the ownership but not fully implemented; On the other hand,the right to use house sites has an endless sexual characteristic and the usufructuary right to contradict, so need to reposition housing land use right in order to design in accordance with the current national conditions and the actual reform.Article consists of three parts: in the first part through the back of housing land use right in China found that the problem between the land and the ownership of the house and the contradictions be identified; The second part, from the perspective of right obtained in a different way in this paper, the right to use house sites made conflict between the subjects; The third part through analyzing the present stage and the situation of actual status and points out that right to use house sites and the necessity and the possibility of life characteristics exist, which solves the contradictions existing in the system of housing land use right of the measures is to positioning and put forward the reform of the housing land use right way.