On The Identification Of The Subject Qualification Of The Right To Use Homestead

After entering the 21 st century,the speed of urbanization in our country has obviously accelerated.More and more farmers no longer continue to engage in agricultural production,but enter the city to work and live.Due to historical reasons,most of the farmers entering the city originally had homesteads in rural areas,but the current laws and regulations do not specify the criteria for determining the qualifications for the right to use rural homesteads,and no unified referee standards have been formed in judicial practice.It is difficult to protect the right to use the homestead of settled farmers.At the beginning of the founding of New China,individual farmers had ownership of the land,but in order to avoid land mergers and maintain social equity,China established rural collective ownership.In rural collective ownership,land is the most basic material for agricultural production and the material basis for guaranteeing the realization of farmers 'basic rights.As the economy continues to develop,land resources become very scarce,and farmers who settle in cities and those who stay in villages have more and more conflicts of interest in the right to use homesteads.The original residents of the city can inherit their parents 'houses in the city and continue to enjoy the corresponding state-owned land use rights.However,after the farmers enter the city,the country neither provides them with guarantees for homesteads,nor does it provide new life for them after entering the city.For the benefit arrangement,farmers who settled in cities need to bear the cost of housing and living in the cities themselves.In rural life,the homestead is an important property for farmers to survive and develop.For farmers who settled in cities,although they have settled in cities and settled down,in order to better develop in cities,their property rights in rural areas still need to be guaranteed.At present,the law has not clearly stipulated the qualification requirements for the right to use homesteads.Many theoretical studies tend to believe that as long as they are members of a collective economic organization,they have the subject qualification to obtain the right to use homesteads.However,this view does not distinguish between production materials and living materials,nor does it distinguish between initial acquisition and subsequent acquisition of homestead use rights.Since many judgments in judicial practice are also affected by this view,it is necessary for the legislation to clearly define the criteria for determining the qualification of the subject of the right to use homesteads on the basis of distinguishing initial acquisition from subsequent acquisition.In order to fully protect the land rights of farmers who settle in cities,the initial qualification requirements for the use right of homesteads should mainly include: collective membership,independent “household”,homestead demand,first application,and subsequent acquisition of homesteads The qualifications for the right to use are: blood relationship and marriage relationship.When there is a dispute over the qualification of the subject of the right to use homesteads,if the dispute occurs within the collective economic organization,the collective economic organization will coordinate first.If the coordination fails,the government will deal with it.If there are members of non-collective economic organizations among the parties,they shall be resolved through consultation between the two parties.If the negotiation fails,the government will deal with it.