Research On Issues In Inheriting The Right Of The Use Of House Site In Rural Areas

Rural housing or ancillary facilities as citizens of private legal property can be inherited, but the legislative provisions for inherit the rights to use the homestead are blank. Under the principle of "housing integration", the contradiction between the inheritance of the rural housing or ancillary facilities and the inheritance of the homestead. With the reform of the property rights granted to farmers in the third Plenary Session of the 18 th CPC Central Committee and the need to modify inheritance laws and land management law, the innovation of the homestead system has become an inevitable trend, so it is significant to construct homestead inheritance system.The author’s arrangement on the theory issues of the inheritance of homestead rights,then Summarize the focus of controversy, combined with the homestead rights system and the characteristics of usufructuary rights, I conclude that theoretical basis and practical basis of housing land rights can be inherited.On this basis,though the analysis of cases,we can catch sight of problems occurred in succession,so I put forward legislative proposals to the homestead rights inheritance system.The first part of the paper is the theory issues of the inheritance of rural residential land rights.Through the comparative analysis of the academic controversy on whether the right to use the homestead can be inherited,extract the mainly issue between "positive theory" and "negative theory".On the basis of the analysis of the focus of the controversy,to clarify the point of view of the paper.The second part mainly tells the current situation and problems of the inheritance of the rural residential land rights.To illuminate the present situation of the inheritance of homestead rights, and then we analyzes the main problems faced by inheritance.The third part discuss the legislative proposals of the inheritance of the rural residential land rights.In order to create the homestead inheritance system,the author put forward the following legal suggestions: First, Amendments to “the inheritancelaw” to establish the system of homestead inheritance.Second,perfecting the "land management law", improve the acquisition system of homestead rights.Third,perfecting family common system in the "marriage law", to protect the legitimate rights and interests of the holder.Fourth, improve the provision of the scope of accepting cases in civil procedure,which would include the Inheritance disputes.The fourth part of the paper:to establish and improve the relevant supporting system of the rural homestead rights. Put forward the proposals to paid use and circulation mechanism and to improve recovery mechanism.