Construction Of Rural Housing Registration Legislation

Registration of Real Estate is an important part of a country’s property rights system.Because of the larger proportion of rural areas in our country and the special nature of the social environment, property rights system has been more complex.So to improve the rural housing registration of property rights system is to promote uniform registration of real estate to achieve the important work.Since the beginning of 1980 s, rural areas have accordingly carried out the rural housing register under the unified registration of real estate background, however, rural housing registration is still in trouble can not be successfully executed.Although in the provisions of "Housing Registration" the urban and rural areas would unify a same Registration of Real Estate.But as legislators subsequently in the "Interpretation", "Housing Registration" had not consider the actual situation in rural social environment and real estate comprehensively, so that it can not achieve a unified real estate registration system.In fact,it just because of the conflicts of the own characteristics of the Homestead System and the existing rural housing registration system.If farmers want to build a house,he must obtain the Homestead Right,but as the legislation,the homestead which the houses occupied are collective, so the users of Homestead Right are limited to the rural class members, the circulation of rural Homestead Right is limited in practical.However, the legislation does not restrict the free flow of rural houses, this state will inevitably lead to home ownership in rural areas often not consistent with the righter of the Homestead, and the value of houses in rural areas can not be achieved even damaged and rural housing registration has been not so important in urban and rural market economy which is so developed in modern society.Firstly, this article explore the legal issues of rural housing registration system,and analysis the current problems of housing registration system in China’s rural location in-depth,and then,by drawing on the theory and practical experience of the real estate registration system outside to explore the solution for the dilemma of China’s current rural housing registration.However,the special nature of rural housing registration systems cannot be separated from the research of our homestead system,so another important part of this paper is to investigate the relationship between the rural homestead system housing registration system.In fact, as the integration of urban and rural areas and the continuous development of market economy, the social security function of homestead systems is weakening, the property function of the the rural houses which are the most valuable assets of farmers is increasing,while homestead is also customary not collective but private property in practice, so the free flow of Homestead right is an inevitable trend in the future and the legislation should take it seriously in the future.