The Review About Transfer Of Homesteads' Judgments

The use of Homestead is a special usufructuary right in China,which is related to the real rights and interests of farmers.Because the control of China's rural land is more rigorous,the laws and regulations on the transfer of Homestead right t is not perfect,the local policy is not unified,so that using the transfer rights of land is in the practice of difficulties,resulting in a lot of disputes,the judicial position is unable to unify the judicial adjudication practice has brought great challenges.Based on this,this paper starts with the empirical taking the referee of Jiangsu Province in recent years as a sample,this paper analyzes the problems existing in the practice of judicial adjudication on the transfer of the right to use of homestead,and puts forward the conditional transfer of the right to use the homestead,and perfects the relevant legislation of the transfer of homestead in our country,and puts forward its own opinions.This article will be discussed in detail from four parts.The first chapter,the issue of the mention.This part mainly through the "Pan Xiangnan v.Cui Yuming Homestead Right to use the transfer of the dispute case" and "Li Junjie lawsuit in Yuan,Shong the dispute case of rural house sale and purchase Contract" two cases of the transfer of homestead,summed up the opposition of the court's position,raise the problem,two are in recent years in Jiangsu Province.There are two different attitudes to the question of whether the land use right can be transferred to the peasants who are not members of the group.In recent years,the rural housing sales and it's related to the transfer of homestead phenomenon intensified.Because of the lack of clarity in the law,the relevant laws,regulations,policy provisions,different levels of the norms exist contradictory conflict,leading to a more chaotic application,the practice of judicial decisions in a great difficulty,over the years,the co-accused different judgments,the size of the issue of the reunification in the field of land transfer judicial jurisdiction is not uncommon,our country's position on this judicial decision cannot be unified for a long time.The second chapter analyzes 203 referees in Jiangsu Province in recent years.This chapter is divided into two sections,the first section is the basic sample data analysis and the court decision Idea Analysis,the basic sample data analysis through the chart analyzed the year quantity trend,the trial procedure,the verdict result and the referee reason,the judgment thought through the simple case to clarify In the second section,the paper discusses the present situation of judicial practice in our country by the judge of Jiangsu Court's homestead transfer dispute.The case is roughly divided into invalid,effective and invalid contracts effectively deal with three kinds of cases,each type under the identity of the assignee classification,under the status of the issue of the subject of the case again classification,Examples of typical cases are presented.The third chapter,to review the issue of the transfer of Homestead right to use.This chapter is divided into three sections.The first section analyzes the referee problem of the transfer of the homestead right,according to the case analysis of the previous chapter,this paper sums up the confusion of the application of the law of homestead transfer in our country,and explains it through the comparison of the current legislation situation and the law application of the effective invalid judgment.Then we discuss the principle of "house and Land Integration" And then the legal principle of the transfer of Homestead is recalled.Section II from the legislative,judicial and social aspects of the transfer of land tenure right to the problem of frequent reasons.The fourth chapter,to some extent,liberates homestead transfer,elaborates its practical significance and proposes some Suggestions of the author's solutions.This chapter is divided into two sections.The first section expounds the practical significance of opening the homestead transfer to a certain extent from the three aspects of legislation,judicature and "three-power separation" policy.On the basis of above analysis,in the second quarter from the aspects of perfecting legislation and establish a supporting system put forward the specific scheme to improve the rural land use right transfer of some Suggestions,hope to provide effective guidance to regulate the transfer of the right to the use of house-site in the countryside.