| The 2020 Central Document No.1 focuses on the deepening reform of the homestead system.Because it is a special kind of usufructuary right,scholars have different opinions on whether the right to use house sites should be inherited.The grounds for prohibiting the inheritance of the right to use the homestead are missing for the following reasons: first,the "subject identity" of the homestead is weakened;second,the breakthrough of "one household,one home";third,the right to use the homestead cannot become a heritage object question.On the contrary,it is justified to allow the inheritance of the right to use homesteads.The specific manifestations are as follows:First,the legitimate rights and interests of farmers are guaranteed.Second,promote the integrated development of cities and towns.After the non-agriculturalization of rural villagers,if farmers’ rights to rural housing sites are not effectively maintained,it will hinder the process of urbanization.Third,the support of folk customs.As the carrier of "native land complex",the inheritance of the right to use homesteads is of great significance to cultural inheritance.Fourth,the requirement of "three powers separated" reform.Due to the ambiguous provisions of laws and regulations,in legal practice,rural villagers partly litigated disputes caused by private inheritance of homesteads to the courts.Judicial practice has an inconsistent attitude to deal with this,making the legal construction of the problem of inheritance of homestead use rights a requirement of the times.In the context of legitimacy,analysis of relevant legal practice shows that there are four specific legal obstacles such as ambiguous subject,limited object,no time limit,and imperfect supporting system.For specific problems,they can be resolved from these aspects: first,adhere to relevant principles.In order to make the system construction not deviate from the formal,it is necessary to adhere to the principle of protecting the interests of farmers and the principle of equal protection of inheritance rights.Second,a specific system needs to be constructed.First of all,it is necessary to clarify the subject of the right to use homesteads.Based on the principle of making the best use of things,it is necessary to make clear that the non-collective subject should become the legal subject of inheritance.Secondly,the object obtained must be clearly inherited.As a type of usufructuary rights,the homestead use right itself should be within the scope of the heritage.Finally,there is a time limit for the right to use homesteads.If no time limit is set for it,it will be transferred indefinitely after inheritance and transfer,which will cause the ownership of collective land to be aerial or even lost.Third,it is necessary to improve the specific supporting system for the inheritance of the right to use homesteads.In order to maximize the use of homesteads and achieve fairness,it is necessary to combine the methods of physical inheritance and currency inheritance to flexibly inherit.In addition,the registration system for the right to use homesteads needs to be improved to reduce disputes.In order to promote the heirs to voluntarily withdraw from the homestead in a timely manner,it is also necessary to establish a picture and image file of the homestead and the buildings above it,and replace the real homestead with the file to carry the "nostalgia". |
