The Research On Legal Issue Of Multi-house On One Household Registration In Rural Area

The phenomenon of multi-house on one household registration prevails in China's vast rural areas has become a problem during the real estate registration and certification.In the context of increasing the farmers' property income,alleviating the tension of urban land use and coordinating the development of urban and rural areas,it is the solution to take the protection function and market function of the homestead into account and construct the utilization under payment and exit mechanism of the homestead.Apart from the Abstract and the Conclusion,this thesis consists of four parts.The first apart is about the basic theory of homestead.This part introduces the concept and characteristic of homestead,and the historic change of the principle of “one homestead one household” whereof.Homestead is a collective building land acquired by members of rural collective organizations for the construction of resident and residential facilities.It requires certain identity of the applicant,entails protection function,gratis feature and non-fixed term.The system of homestead takes “one household one homestead” as basic principle,which implies that one household can only apply for one homestead that meets the size standard and recognizes the legally inherited homestead usage right.The second part focuses on the situation and detriment of multi-house on one household registration.While the population registered in China's vast rural area in decreasing,the acreage of homestead increasing,of which the size exceeds the standard,rendering dual-house or even three-house on one household registration,causing severe waste of rural homestead.“multi-house on one household registration” threats the safety of country's cultural lands and grain,contradicts with the idea of saved utilizing land and coordinating development between the urban and rural,causing injustice allotment of homestead the rural area,obstructing the transferring of homestead.The third part examines the reasons that attribute the issue of “several homestead on one household registration”.Firstly,the design default of the system of homestead usage right,including that a member of rural collective organization can repeatedly enjoy homestead usage right and gain homestead,the imperfection of homestead withdrawal incentive system.Secondly,the implementation of homestead usage right system is facing a dilemma,including illegal occupation,power rent-seeking of rural officials and inaction of land administrative department at the basic level.Thirdly,relevant body ‘s right to inherit the homestead usage right,acquiring the homestead usage right though inheritance,buying and accepting bequest and bestow.The last part,from four aspects,offers the legal countermeasures of the problem of multi-house on one household registration,to tackle the three aforementioned problems.Firstly,specifying the applicant and size requirement of homestead.The essential elements of “household” should be specified,and the homestead area that applicant is already possessed should be reduced in the course of approval.Secondly,reinforcing the democratic supervision and administrative enforcement of the management homestead,including fully developing the democratic decision-making and supervision function of villagers meeting,reinforcing the law enforcement of the basic level land management department.Thirdly,establishing paid utilization homestead usage system,mainly through imposing tax on the over-sized constructed homestead,fourthly,establishing voluntary paid withdrawal system,mainly through introducing low-price appraisal,regulating the withdrawal compensation and reasonable allotment of the compensation.