Research On The Reduction System Of The Right Of Utilizing Curtilage

Curtilage can meet the basic living needs of farmers in our country, the right of utilizing curtilage is build by our country law for farmers with a nature of social welfare and security system, is very important to maintain the stability of the rural society. Along with the advancement of urbanization, appeared curtilage idled seriously in the countryside and urban land resources tightly supplied ,and that caused the contradiction situation, and the reduction of the right of utilizing curtilage , can make the connection between urban construction land and rural house site, realize the intensive utilization of rural land, to inject vitality of urbanization, at the same time, safeguard the ownership of land of farmers' collective and its main body status, to prevent the outflow of rural land resources. But the current related law of the right of utilizing curtilage is not clearly defined the connotation ,nature, subject of the reduction of the right of utilizing curtilage conditions also is not standard, the process and compensation of the reduction of the right of utilizing curtilage have not founded, these all suggest that the law has yet to build complete reduction system, and the reduction of the right of utilizing curtilage model of"power standard" in the practice also has many defects. In addition, the academic circles have no reclaimed the reduction of the right of utilizing curtilage as a whole legal system to study, lack of rights and obligations of legal logic thinking when study, and pay more attention to substantive research than procedural research. Therefore this article building the reduction system of the right of utilizing curtilage hope to solve existing problems in the law, practice, existing research, to build a perfect reduction system of the right of utilizing curtilage .This article is divided into four parts:The first part mainly discusses the reason of the reduction of the right of utilizing curtilage. This article from three aspects of the countryside itself, the ownership of land and urbanization show the necessity of constructing reduction system of the right of utilizing curtilage , This article thinks idled seriously of curtilage, the no functions of collective land ownership and the tightly supplied of urban construction as the main reasons.The second part mainly discusses the basis of the reduction of the right of utilizing a curtilage. This article analysis the legal basis from the property law, the land management law and other laws and regulations ; Using the theory of ownership transfer , the theory of elimination of usufructuary right to clarify the connotation and base of rights of the reduction of the right of utilizing curtilage, to clarify theoretical basis.The third part mainly discusses the mode of the reduction of the right of utilizing curtilage and its defects. This article through to analysis the "power standard" of the reduction of the right of utilizing curtilage formed in the practice , summarizes the defects of the reduction pattern mainly has: the abuse of administrative power, the subject status of the farmers' collective is neglected, boycott of people of the reduction of the right of utilizing curtilage and the absence of laws and regulations.The fourth part mainly discusses how to build a complete reduction system of the right of utilizing curtilage . In this article, we will discuss the reduction system of the right of utilizing curtilage in the cause of elimination of usufructuary right, Using the theory of ownership transfer, the theory of elimination of usufructuary right to clarify the connotation and base of rights of reduction system of the right of utilizing curtilage ,on the basis of reduction system of the right of utilizing curtilage for reference to construct the comprehensive reduction system, will put the compulsory reduction system which be based on the termination rights of farmers' collective and behavior negotiation recover system which be based on the real right behavior into reduction system together, to form two systems together, this is a great innovation of this article.