Research On Legal Issues Of Rural "House And Land Integration" Registration

Over the past 40 years of reform and opening up,how to effectively solve the"three rural" issues concerning national economy and people's livelihood has always been placed by the party and the country in the strategic position of national economic and social development.As an important part of the "three rural" issue,the registration of rural housing land and land is an important part of the issue.The effective resolution of this issue concerns the protection of the vital interests of rural residents and the long-term stability of the rural grassroots areas and the people's livelihood.In order to solve the problem of integrated registration of housing sites in rural homesteads,the Party Central Committee and the State Council have repeatedly issued regulations and opinions to ensure registration.Since the establishment of the real estate registration system in 2015,the registration of the right to use the rural housing land and the ownership of the houses underneath has been carried out successively throughout the country.To date,the results have been achieved,but at the same time,many problems were found during the survey.For example,general problems are concentrated in the three links of confirmation of rights,registration,and issuance of certificates,such as "one family with multiple homes","three super problems",and problems with small delivery houses.Difficulties;identification of the"household" and "head of household" in registration,difficulty in identifying the right subject due to illegal acquisition procedures,etc.;issues of inconsistent work progress,extensive management methods,and difficulty in neighbouring rights that are common in the issuance of certificates,Resulting in difficulties in the work of certification.However,the special problems are mainly the registration problems caused by marriage,divorce,and inheritance gifts when combined with the current status of marriage and family.In marriage,because of the maintenance of the rights of the newly-increased population in the homestead and the division of the homestead in the property of the couple during the divorce,once there is a problem in the marriage,the division of the family property such as the homestead in the family unit will naturally tilt to the male in the family.,Rural women will be in a very disadvantaged position,and how to register to protect the rights of homesteads for rural divorced women.In family inheritance and gift,the identity of the heir and the beneficiary is mainly considered.If the beneficiary is not a member of the collective economic organization,can he apply for registration as the subject of the rights of the farm house.The existence of these problems hinders the smooth development of the actual registration work,not only hinders the rapid and orderly advancement of the registration work,is not conducive to the protection of farmers' vital rights and interests,and has even evolved into a hidden danger of instability in rural areas;it is also not conducive to the unification of rural housing sites.Management and market turnover have delayed the pace of urban-rural integration and even worsened the gap between the rich and the poor in urban and rural areasThrough a summary study of the above issues proposing a certain solution,with a view to strengthening the supervision of rural housing sites by establishing a unified registration management platform,clarifying the rights and responsibilities of the registration authority,and standardizing the registration process to achieve rural housing.Intensive and refined management of the base.At the same time,combined with the actual situation in different areas of rural areas,we can apply the right medicines and analyze the specific problems.We will treat the problems left over from time to time in light of different historical periods.Follow the principle of voluntariness in accordance with the law,be multi-pronged,appropriate,flexible,realistic,and reasonable consideration of neighboring rights to effectively protect the rights of rural residents' homesteads,especially rural women's homesteads.Finally,the registration authorities at all levels are called upon to include the protection of women's rights and interests in the whole process of "household integration" in rural housing sites,and make notes during household surveys so that women can register in their original place of residence or in their new place of residence.To avoid "missing at both ends" and ensure that the legitimate land rights of rural women's homesteads and other legitimate land rights are not left "empty." Rural women's land and property rights due to marriage changes such as remarriage,divorce,widowed,etc.have been explicitly protected in the confirmation of homestead rights and compensation for land acquisition and resettlement.Establish close ties with local women's federation departments,make good work connections,and increase the promotion and implementation of relevant laws and regulations.Establish a source prevention mechanism,promptly resolve rural women's conflicts over their homestead rights,strengthen supervision of irrational village rules and conflicts that conflict with rights confirmation policies,and promote the formal equality of rural women's land rights into substantive equality equality.Regarding the registration difficulties after the inheritance gift,it is necessary to distinguish whether the heir and the beneficiary are treated differently as members of the collective economic organization.If they belong to the collective member,they can be successfully registered,otherwise they can only be compensated by means of money.Orderly exit.This not only protects the rights and interests of the right holders from being harmed,but also does not violate the management order of the homestead,thereby achieving a win-win situation that balances the interests of both parties,and ultimately realizes the benefit sharing of the homestead,which is conducive to rural family harmony and long-term stability in rural areas.