| The original intention of the system design concerning the homestead right of use was to protect farmers’interest of land,so the government neither charged for the application and use in homestead,nor gave a time limit in use.The indemnificatory system played a irreplaceable role in society when it was put forward.However,with the development of market economy,the land are increasingly becoming the rare inexpensively resource,and farmers are eager to get benefits by land.Likewise,the economic rise resulted in the growing expansion of rural homestead aera so that a lot of farmland was taken up.The country issued a series of laws and regulations to operate the homestead management,but it didn’t work.In particular,farmers from many rural aeras have moved outside to cities for work,which account for a large quantity of idle farmland. These fields is deserted or sold stealthly to other farmers or urban citzens.Therefore,it leaded to many disputes on homestead transaction,and gave rise to the contradiction between the interior demand on farmers using homestead profitably and an restriction toward the qualification of homestead owners.In terms of the present laws about homestead use right,there are no unified standards in the application,inheritance and transfer of homestead. So,many people begin to make profits for themselves by legal loophole,then the court has troubles in dealing with the disputes on homestead,and often gives different judgements,In my opinion,the unambiguous owners’qualification of the homestead right of use and the improved laws and regulations can take effect in avoiding disputes.Apart form the part of introduction and conclusion,the thesis will be developed from the following aspects.Firstly,the thesis is to define the relevant concepts in connection with the owner of the right of using the rural homestead. According to hackling the legislations on the owner of the homestead right of use, the article vertically will introduce the legislation change from limit to ease to re-limit.Then it will horizontally make a comparison towards management methods of different provinces and municipalities further to generalize the components of the owner qualification of homestead right of use,give the difference among the various provinces and municipalities regulations about original acquisition,acquisition cession and termination of the owner qualification.Finally it will make it clear that there are legislative disparities and relevent problems on the owner qualification of homestead right of use,and lead the way to the following research.Secondly,the thesis will sort out and conclude about 100 cases on homestead disputes occurring from 2008 to 2014,analyze the existing problems by summarized data,and enduce the importance of owner qualification of the right.lt will use the theoretical problems in current law and the practical issues in juridical practice to generalize such matters as the urgent improvemnt of acquisition methods of the owner qualification, the pressing establishment of abandonment system of the owner of the right,and the needed enhancement to the application and management of the homestead right of use.Finally,The article is to put forward some relevant advices of legislation on the basis of above illustrated problems.The changeable direction of the system of the homestead right of use must be made clear,and both efficiency and justice must be taken into account in the law;Issues originating from the owner of the homestead right of use in the process of the right application and approval should be addressed properly to improve the management system of homestead, and to divide into duties of the management department for the prevention to governments’act of ommission;The thesis will also give legislative advices on the gain and abandonment of the owner qualification of homestead right of use. And it is aimed at discussing the issue on the owner qualification of homestead right of use for providing some help in relevant legislation and judiciary. |
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