| The Article 362 of the Civil Code of the People’s Republic of China,which is newly issued,clearly stipulates that right to use homestead is a special usufructuary right specified,is one of social benefit rights granted by the nation to rural residents and it has important safeguard function for protecting the basic rural residential rights.The main function of the homestead use right system is to protect the basic rights of rural residents,protect the enthusiasm of farmers’ production and stimulate the creativity of rural residents.Sometimes,the national legal system has a negative effect on the national economic and social development.The legal system conforming to the law of the development of social productive forces will promote the economic and social development,otherwise,it will hinder the economic and social progress.At present,with the continuous progress of rural social productivity and the continuous development of rural economy,many farmers choose to go out to work for better life.Farmers reduce demand for the use of land,and the increase demand for the transfer of land use rights.At the same time,there are more and more disputes over the inheritance of homestead use rights in real life There are no clear provisions on the transfer and inheritance of homestead,and it has been in the state of legislative vacancy.There is no special and systematic system to regulate,and the local regulations are not the same,caused difficulties and obstacles in the transfer and inheritance of homestead use right in reality,caused many disputes,and even failed to form a unified judicial position.The judicial work has also ushered in a huge challenge.There is not enough basis for adjudication in the process of trial,and there are no clear provisions to be invoked,so it is common that the verdict is unfair.The type analysis of the disputes on the transfer of the right to the use of homestead is the starting point of this paper,which analyzes the inheritance of the right to use the homestead and the effectiveness of the transfer disputes.In the first type of disputes,from the realistic dilemma of judicial judgment,this paper analyzes the inheritance disputes of the right to use the homestead caused by the collective members inheriting the farmhouse and the inheritance disputes of the right to use the homestead caused by the non-collective members inheriting the farmhouse.In the second type of disputes,starting from the practical dilemma of judicial adjudication,this paper analyzes the disputes over the transfer of homestead use right between different subjects,and puts forward some suggestions to unify the scale of adjudication. |
