Research On Acquiring The Right To Use House Sites

In China, the right to use house sites is to protect the rights of farmers' basic survival,from the date of birth, has several legal characteristics such as "the collective, farmers use, one house, two systems, a door a curtilage, welfare distribution use, voluntary recycling, restrict circulation, can not be mortgaged, forbidden development".With the continuous development of social economy, the defects of the right to use house sites in current legislation lead to a series of rural homestead abuse. At the same time, the advance of urbanization lead to rural internal differentiation, due to the geographical advantages of near the city, the suburban rural areas' economic development is rapid, it is out of the traditional rural areas.It's economic conditions and social foundation have changed.So house sites' function for farmers in these areas tend to be weakened and even lost; And the rural social security system promoted by Government is increasingly perfect, in parts of the areas, it has the opportunity to go out of the security properties which is National compulsory. Any legal system will be marked with the brand of the times, The initial acquisition system of the house sites established by the core values of fairness and security is not conform to the current era background any more.It is necessary to reform.From the point of view of the function of the system, the original system only has the function of protection, is based on the naive idea of fairness to be set. From the perspective of the current situation of rural society stratification, single fair's value orientation does not meet the needs of reality, rural collectives and farmers in suburban areas hope that more efficient allocation of house sites, in the case of sharp contradiction between supply and demand. For the farmers in outer suburbs, house sites' s security attributes are more important. Therefore, under the reformed regime, both the efficiency and fairness of the value orientation should take into account, in order to meet the needs of different interest groups.On the path choice of institutional reform, in the property law, the Right to Use House Sites is regulated as usufructuary right, but the rules are very general, substantive rights are still in the same as the provisions of other laws and Land Management Law. This will open up the land use right into real right system, become a complete theory of usufructuary right. In theory, the initial acquisition system of house sites should comply with the rules of real right, but the design of the system is not in accordance with the logic of private law, whether it is the main body, the procedure or the content of the right. The reform of the system should also investigate the realistic basis, Whether the two different large rural areas can apply the same set of rules. Complex reality determines the system of house-site reform have limitations to apply for the real right.Specific system design, The author believes that the main body of the house sites' acquisition is the member of the collective economic organization.in the outer suburbs, members in a township can range across the collective economic organizations to obtain the right to use house sites. The rural collective should be the establishment of the right to use house sites,the exercise of rights by the grassroots autonomous organizations. The contract of use right is set up by the owner and the access user, the government approval is a special element of the contract entry into force. And the approval content is limited to the planning and the control of use. The use right of house sites can not blindly transfer, should with the coordinated development of the whole system of housing land use right. The farmers in outer suburbs get the homestead right of use with no limits on time and money. However, the cross collective economic organizations to obtain the subject of homestead should be paid use and set the duration of use, farmers in suburban areas should also obtain the right to use the land in the form of compensation.All that be obtained with compensation, the use of the term can be consulted by the using person and the collective economic organization, but shall not exceed the maximum term of statutory period of 70 years.