Research On The Legal Issues Of The Right To Use Homesteads

There is no castle in the world,just as the house needs to be attached to the land.As the material carrier of the rural housing,the legal relationship between the Homestead and the house is often close and close,so it is very important to clarify the legal relationship between them.This paper,based on the relationship between housing and land as a basis point,in-depth research,to explore new ways for the reform of Homestead system.The full text divides into four chapters altogether.The first chapter is the outline part,in this part,we firstly analyze and summarize the concept,the characteristic and the development process of the Homestead's right of use from macroscopic aspect,and carry on some foreshadowing for the next chapter.From the second chapter,the author discusses the relationship between housing in homestead.Through the research,we find that there are some conflicts between the theory and practice of the relationship between the house and the Earth,which leads to some so-called conflict of laws.In theory,we require that the house and the land belong to the same subject,but in the practice of law,we set up two independent property rights,namely,the right to use the Homestead and the house ownership.This phenomenon of "separation of premises" and"house-land integration" is a theoretical hidden danger of rural housing property right.Fortunately,we have seen the hope of solving the problem in a series of documents issued by the central government on rural issues in recent years.Through the analysis of the relevant documents we find that the theory of rural property right of our country is appearing fom"House to house" to "separation of the premises" over the trend,objectively speaking,this important change for us to solve the rural housing property rights contradictions to provide new ideas and solutions window.The third chapter is through the concept of "household" in the homestead,the so-called "household" is actually a collection of people,it is just a concept of virtual bit,it is not a civil subject,but also can not become the right to use the main body of the homestead.After that,we made a comparative analysis of the "households" and "relatives" in the"household",and found that the relationship between the householder and the use of the homestead was more close.Historically,the head of household management of natural rights,from the approval process of homestead,homestead to obtain more need for the head of the application,so the head of household as the right to use the rights of the main body more appropriate.In the fourth chapter,we analyze and study some problems of the registration and inheritance of the right to use the homestead by analyzing the problems,analyzing the problems and solving the problems,and exploring the way to solve the current registration rights dilemma by registering the premises separately.According to the question of whether the right of use of homestead can be inherited,we think that the existing legal system(such as one house system)is only limited by the initial acquisition of Homestead,and the inheritance of homestead is two categories,which should not be affected.In the urban and rural dualistic structure has been broken in the present,the identity problem should not be the successor to exercise the right to inherit the obstacles,should be the heirs of the inheritance of equal treatment,to break the identity of the fence.