Study On The Transfer Of The Right To Use Homestead

Whether the right to the use of homestead can be transferred has been a heated issue in the academic circles of our country in recent years.At the same time,due to the insufficiency and conflict of the legislation of rural homestead and the contradiction with the national land policy,the judicial practice circle lacks corresponding basis in dealing with such disputes.There are conflicts of judgment positions and different judgment scales among people's courts of different levels,different trial levels and different regions,which affect the unity and authority of judicial decisions.In this context,it is necessary to analyze the effectiveness of the transfer and inheritance of the right to the use of homestead in the judicial practice from the perspective of disputes over the transfer of the right to the use of homestead and judicial treatment.The tendentious attitude of judicial practice in our country is: in the transfer dispute,the transfer between urban residents and rural villagers is invalid,while the transfer between members of collective economic organizations is based on the principle of validity;in the inheritance dispute,the inheritance of the right to use the homestead caused by the inheritance of the collective insiders' farm houses should be allowed,while the inheritance of the right to use the homestead caused by the inheritance of the external farm houses should be limited.