Research On The Alteration Of Real Right Of The Right To The Use Of Curtilage

The main body of land use rights should be limited to members of collective economic organizations,farmer households,farmer households as the main body of housing land use rights,and in practice,the main body of homestead land use rights has the exception of urban residents.This is in contrast to the right to use homestead land.The development of history is related to,but more importantly,there is a change in the private ownership of the right to use the house site in the rural market.In practice,the principle of “one house,one house” has been broken through,and by continuing to limit the disposition of the right to use the house site,this problem cannot be solved fundamentally.The establishment of the use right of homesteads in China is established after the approval of the administrative organs for approval.However,the administrative agencies are not rural collective land owners.The appraisal and approval of approvals has excessive suspicion of intervening in practice,and administrative agencies should be weakened in the course of the establishment of homestead use rights.As for the examination and approval role,only whether the applicant for the right to use the house site meets the conditions should be procedurally checked and no further intervention should be made.The examination and approval system established for the use of land use rights also leads to the inevitability of registration as a necessary requirement for the establishment of homestead land use rights.Registration only has the effect against third parties.The registration of homestead land use rights in China is extremely incomplete and there are many As for the registration phenomenon,it is necessary to gradually explore the validity of the registration of the use of the house site and establish a comprehensive and unified registration system for the right to use the house site.With the gradual relaxation of the change in the real right to use the foundation,the registration system should be used to improve the use of the right to use the foundation.The role of power changes and elimination,clarifying the interests,protection of the interests of farmers and other trading entities.The disposal of homestead land use rights has always been subject to stricter restrictions.The current law only allows homestead land use rights to change as a whole,and individual transfers and mortgages are still forbidden.However,in actual rural trading markets,rural houses and houses have emerged.The phenomenon of private use of the base's right of use has caused many disputes,which has led to theoretical discussions and practical needs that need to be resolved.The issue of disposal of homestead use rights needs to be updated and interpreted.According to the latest policy directive of the Ministry of Land and Resources to relocate the right to use residential land using the “three-power separation” model,restrictions on transfer,mortgage,and inheritance of homestead use rights should be relaxed accordingly.Thetransfer of the right to use the house site shall be limited to the case of the transfer of“house and land as a whole”,but the restrictions on buyers of rural houses should not be limited to the collective economic organizations,except for the change of the right to use the right to use the house site in individual areas.In addition,it is necessary to continue to explore changes in property rights to relax the right to use residential land under the “three-power separation” model.The right to use the house site together with the mortgage of the rural house should not be restricted.When the mortgage right is realized,the new owner of the house gains the lease right to use the house site.At the same time,in the “three powers separation” mode,the use rights allocated to the right to use the house site can be used to exchange value.The peasants,while realizing the mortgage rights,can retain the subject qualifications of the use of the house site,thus realizing the use of the homestead.Right alone mortgage.The inheritance of the right to use the house site is not a break from “one house,one house”,and is an exception to the “one house,one house” principle.The inheritance rights enjoyed by urban residents should not be denied because of their non-peasant status.Urban residents can also As the heir to the right to use the homestead.As a special usufructuary right,the right to use the house site has special reasons for extermination.However,with the relaxation of the land use right to dispose of the right to use,the cause of extermination should be interpreted as a latitude.Where the right to use the house site that has been registered is extinguished,it shall promptly cancel the registration.If the registration is not cancelled,the owner of the homestead and the registration authority may not record the claim against the registration book,and the foreign party may not contest the third party who records the use of the right to use the house site against the trust register.When the implementation of homestead land use rights registration is effective and full and unified registration is implemented,the cancellation of registration will become a necessary procedure for destroying homestead land use rights.The Ministry of Land and Resources' s latest policy guidance on exploring the separation of home ownership rights,qualification rights and access rights is to liberalize the use rights of homesteads,broaden farmers' financing channels,increase farmers' property income,and relax the limited right to dispose of homestead land.In the direction of the next step.Correspondingly,China's homestead use rights system should also be more perfect.Under the premise of protecting the basic living and living rights of farmers,we must pay attention to the peasants' pursuit of property values and the desire for development.