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Research On Circulation Of The Right To Use House Sites

Posted on:2018-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:C X FuFull Text:PDF
GTID:2346330536474673Subject:Law
Abstract/Summary:PDF Full Text Request
The issue of the circulation of the right to use house sites has always been the hot of legislation and academic studies.The right to use house sites could only be transferred within the farmers' collective according to our existing institution.There is no final conclusion when it comes to the problem that whether the citizens or other subjects could get the right to use house sites freely.As a form of social security,the right to use house sites is to supply a residence for the peasants.However,this is not reasonable to forbid the circulation of the right to use house sites.The paper's key point is that the circulation of the right to use house sites should be allowed.The paper follows the thinking path of what,why and how to form a framework.Firstly,the paper focuses on the actual situation of the right to use house sites to represent the inner problems of the system,especially the limited provisions on the circulation of the right to use house sites.This restriction violates the principle that the land should be transferred along with the house and highlights huge inequality between the urban housing property and the rural housing property.This restriction seems to keep the history promise that every peasant should have his or her own house.But in fact,it ties the peasants tightly to the land.It makes me to think about the question that why the circulation of the right to use house sites is limited in institution design,and why many scholars support this in spite of its inner defects.Therefore,the paper then starts from the history of the institution of the right to use house sites to find out the source.Next,the paper sorts out and analyzes the different opinions against the circulation of the right to use house sites,and discovers that people who hold those opinions neglect the peasants' rationality and rely heavily on the dual-track thinking path complying with the differentiation between citizens and peasants.When the preclude is basically finished,the paper justifies the circulation of the right to use house sites according to its essential virtues of membership and usufructuary right,and the instrumental values after it's circulation is allowed.Based on the arguments above,finally,the author thinks that we should improve the circulation institution of the right to use house sites from the core institution and the supporting institution and hopes that the paper would make some beneficial suggestions.
Keywords/Search Tags:the right to use house sites, circulation institution, membership, usufructuary right
PDF Full Text Request
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