| The inheritance of the right to the use of rural homestead is an important practical problem related to the interests of farmers’ property.However,at present,the research on whether the homestead use right can be inherited by relevant theories in China is still relatively weak,forming a situation of "positive inheritance theory" and "negative inheritance theory".There are also conflicting provisions in existing legislation.The "inheritance law" affirming that rural houses can be inherited as heritage,while the "land management law" affirming that the homestead farmers only have the right to build the farm house and add appendages on the homestead.The ownership of the rural homestead belongs to the collective organization,so it cannot be inherited as the individual property of the farmers.Such law and conflict also led directly to face the same case in the judicial practice,different judge,however,in connection with different results.With the increasing prosperity of the rural economy and the increase of farmers’ income level,some farmers have retained the membership of collective economic organizations,but their houses have been abandoned and their relationship with collective economic organizations has become increasingly estranged.Because the property attribute of the right to use the homestead in our country is vague,it cannot be transferred and inherited normally,resulting in the homestead idle waste phenomenon is common.In addition,the continuous advancement of the urban integration process makes a large number of farmers lose their membership of rural collective economic organizations because of their education,military service,employment,marriage and other reasons,and these eligible heirs cannot inherit the ruralhouses due to their identity restrictions,which leads to a series of succession disputes.In real life,the right to use homestead can be inherited with a good mass base,which leads to a large number of rural homestead use right is inherited and the law does not explicitly give the right of inheritance.Under the premise of lack of laws,weak research and realistic demand,the voice of rural homestead use right and its inheritance system reform is increasingly strong.Whether the use right can be effectively inherited and how to effectively design the inheritance system has always been a social issue that the practical and academic circles pay close attention to and urgently need to deeply discuss.The main structure and contents of this paper are as follows:Chapter one: the practical treatment of the inheritance of the right to the use of rural homestead and the theoretical dispute and evaluation.Firstly,the treatment of this issue in judicial litigation cases is summarized,and 62 civil cases related to the inheritance of the right to use homestead from 2013 to 2019 are sorted out in China’s judgment document network.By sorting out different types of judgments,data support is provided for further analysis.Secondly,the thesis summarizes the theoretical disputes on the right to use homestead,and draws out the viewpoint of affirmative inheritance theory by analyzing the focus of disputes.The second chapter: our country rural housing land right inheritance of legal norms and the main problems.By sorting out the existing laws,regulations,rules and other relevant laws and regulations,this paper deeply analyzes the problems in the inheritance of the right to use homestead in China.Chapter three: the legitimate reason for the inheritance and reform of the right to the use of rural homestead.The existing system in our country has been unable to effectively solvethe contradiction between the growing,to explore innovation,modernization,fit to effectively ease the conflict between legal value orientation,safeguard the property rights of usufructuary right attribute,safeguard of the citizen’s inheritance and private property rights and the promotion of rural housing land paid out policy implement smoothly.Chapter four: perfect the law of the inheritance of the right to use rural homestead.Must first clear the inheritance,the main principle of housing land use right and second respectively in the "inheritance law",creating the provisions of the inheritance,land use right in the heart of the "land administration law" system of housing land use right obtained further perfect,inheritance,at the same time also need to gradually improve the matching system to provided strong impetus for its smooth implementation. |
