Study On The Inheritance Of Homestead In Rural Houses By Non-collective Members

The problem of non-collective members inheriting the homestead in rural houses is an emerging problem in the process of linking urban-rural duality and urban-rural unification.Nowadays,more and more rural people enter the urban life,no longer have the status of rural collective members,and cannot become the eligible subject to obtain the right to use the rural homestead.As a result,this part of "new citizens" are difficult to inherit the houses left by their relatives in the countryside.For this problem,China's property law,inheritance law and land management law have not made clear regulations,and there are contradictions and conflicts with the regulations of relevant departments.In the theoretical circle,there are also disputes about allowing non-collective members to inherit the house and the right to use the homestead together and setting other sources of rights for non-collective members to occupy the homestead.The main content includes the following three parts:The first part is to sort out the cases of non-collective members inheriting rural houses.Through the induction of the cases related to the inheritance of rural houses by non-collective members,the cause of action,the judgment results and the judgment basis of the relevant cases are sorted out.It is found that the types of cases are diversified,the judgment results are different,the judgment basis is different,and the problem of law application is also reflected.Through sorting out the cases related to the inheritance of rural houses by non-collective members,we have also found out the controversial points of the inheritance of rural houses by non-collective members and the deep-seated causes of the disputes,i.e.the homestead problem,and at the same time,we have provided a direction for solving this realistic dilemma.Thus,guided by the existing solutions,we have explored one by one the paths that take the homestead system as a breakthrough.The second part is the path exploration with homestead system as the breakthrough.There are still obstacles in the path of non-collective members to inherit rural houses and the right to use house sites together,which are embodied in the fact that the acquisition subject of the right to use house sites and the right to use house sites cannot be inherited as heritage.However,the establishment and development of the house site system have policy significance closely related to social development.In the new period,the house site system should change the old policy significance,realize its different policy value from the past,and weaken the welfare and identity of the house site system.Strengthening the propertyright attribute of homestead system in order to adapt to the development of society and to provide theoretical support for solving the emerging problems in urbanization convergence,such as the problem of non-collective members inheriting homestead in rural houses,thus obtaining the possibility of non-collective members inheriting homestead right of use.On the other hand,non-collective members have the right to occupy the homestead on the ground and the legal lease right.The solution path is based on "separation of premises".The creation rule from scratch has a great breakthrough and there is no realistic condition to realize it.Therefore,non-collective members should be chosen to inherit the right to use the house and homestead together,and non-collective members should be allowed to inherit the right to use the house and homestead together.The third part is the specific solution to allow non-collective members to inherit the right to use homestead.In order to give full play to the welfare guarantee value of the homestead system to the rural areas and farmers,and to balance the negative impact on the collective due to the non-collective members becoming the main body of the homestead use right,the homestead system should be further reformed,specifically including making it clear that the inheritance of the homestead use right by non-collective members should be based on the premise that the inheritor of the non-collective members is the legal heir in combination with the housing.Affirming the legitimacy of non-collective members as the main body of the right to use house sites,and setting the right of collective members instead of the right to use house sites to protect the rights of rural collective members;To extend the application scope of the principle of "integration of premises" to the right to use homestead and the buildings on it;The establishment of homestead use rights paid and limited use mechanism;The establishment of rural homestead ownership registration system;At the same time,we will effectively prevent the idle of the homestead by improving the system of reclaiming the right to use the homestead and the system of voluntary and paid withdrawal.