Study On The Regulation Of Urban Household Children’s Inheritance Of Homestead Land Use Right

With the continuous development of urban-rural integration and new urbanization,the urban-rural dual household registration system formed in the planned economy period cannot meet the demands for the development of market economy.In order to promote the development of urban-rural integration,the government has begun to encourage peasantry to settle in cities,and caused homestead problems.In the past,only the members of the village collective economic organization can be permitted to inherit the rural homestead-land-use-right.On the premise,some villagers refuse to settle in cities and towns because they are unwilling to give up the rural homesteadland-use-right,and chose to move back and forth between urban and rural areas,forming the “migratory bird” migration,which occupies urban public resources while causing idle rural homestead.Therefore,the unsmooth inheritance of homestead not only affects the progress of urbanization,but also becomes a problem that must be solved in the process of realizing urban-rural integration.The completion of homestead ownership confirmation makes homestead appreciate to a certain extent,it has gradually attracted public attention due to increasingly prominent property attributes.In the second half of 2020,the government began to allow children with urban household registration to inherit the rural homestead-landuse-right,which not only solved the worries of peasantry after settling in cities,but also strengthened the determination of some peasantry to settle in cities.However,this provision only allows children with urban household registration to inherit the rural homestead land use right on the basis of house ownership,but there is not much explanations on the specific rules of inheritance.In addition,due to the large number of local regulations in life and the different actual situations and judgment standards of each case,there are still some problems in the implementation of the existing regulations.Under the above premise,this paper firstly analyzes the status quo of homestead land use right under the current regulation in our country based on relevant precedents.Then,this paper analyzes the deficiencies of current rules and regulations from the personal level based on the results of the measurement model,the group level based on the homestead market,and based on the existing regulatory level,analyzes the shortcomings of the current children with urban household registration to inherit the rural homestead land use right.Finally,corresponding regulatory suggestions and supporting measures are proposed from the three perspectives.