Study On The Inheritance Of The Right To Use House Sites

Due to the lack of legislation,the problems on the inheritance of the right to use the house sites have been deeply divided in respect of practice and theory,for example,whether urban residents can inherit the right to use house sites,whether the phenomenon of "one house but several sites " arising from the inheritance is not allowed because of the violation of the principle " one house one site " prescribed by the law of land administration.These problems are the constant torture of courts and academics.With the advancement of the urban-rural unification process,the gap between urban and rural areas is gradually narrowing.In such a special transition period,the problems of house sites are especially sharp.The regulations of house sites are inconsistent with the reality of the countryside and the real will of the peasants,especially the requirements of "identity" and the principle of "one house one site”.The fact that the law is out of step with reality makes people suspicious of the foundation of house sites system.In fact,the system design of "heavy security and light property" in the establishment of house sites system is the root cause of the present problems of the inheritance of the right to use house sites.Under such a premise,the key to the solutions of problems on the inheritance of the right to use the house sites is rearranging the relationship between property value and security function of house sitesHowever,the solutions of the problems can not only depend on the clarity of theory,but also the construction of specific legal system.Many scholars advocate to introduce the statutory tenancy right which is practicing in Taiwan district in China to deal the problems on the inheritance of the right to use the house sites.In fact,there are also a number of areas adopting the establishment of the right to use house sites which is paid and has time limited.At the moment,our nation has established the reform direction to develop the "three right division" of the right to use the house sites,the study on these two plans can also have some positive influences on developing its connotation.This article mainly includes the following four parts:The first part is used to list the differences of inheritance of the right to use house sites in three levels,legislation,judicial practice and theory,and then preliminarily summarize the root of the dispute,namely,there is a conflict between the property value of the house sites and the residence security function of the house sites.The second part is used to explain the conflict between the property value and the residence security function deeply,including the individual embodiment and the relationship between them,to make sure the theoretical direction for solving the problems in the inheritance of the right to use the house sites.The third part is based on the first two parts,in view of the current problems in the field of practice and theory,the author analyzes two of the most prominent problems in the inheritance of the right to use the house sites,and puts forward her own legal suggestions.The fourth part is based on the first third parts,and list four relevant supporting systems which are urgently needed,the supporting system mainly includes perfecting the exit mechanism of the house sites,strengthening the responsibility of the collective economic organization,seeking the alternative measures to ensure the residence security,and improve the regulations of acquiring the right to use house sites.