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Study on the Legal System of Rural Homestead Using Right

Author: ZhaoZhao
Tutor: DiYunLing
School: Dalian Maritime University
Course: Civil and Commercial Law
Keywords: Homestead The right to use house sites Perfect
CLC: D922.32
Type: Master's thesis
Year: 2009
Downloads: 257
Quote: 5
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Abstract


Rural homestead using right system is the unique using benefit & property rights system which means to distribute house sites to farmers in order to form land laws and policies which permit farmers to build their own house by using collective ownership land without pay.At present with the development of China market economy,state-owned land using rights has been developed quickly,and the right to operate the rural land contaract law has been further confirmed by law,but the rui-al homestead using right leagal system which has been reformed several times is still restricted seriously.Under the impact of market and urbanization,rural homestead using right legal system has resulted in a separation between theory and practice,the legislation of rural homestead using right is serious lack of legislation,also in aspect of academic whose nature,existence value and development direction is on controversial.In recent years,with the revaluation of land,there are more and more house sites and housing dispute in rural area,and the scarcity of related law has bacome a main obstacle on trying these cases.Thus,to improve the rural homestead legislative council and allow free circulation of rural homestead using right is very necessary.The paper which base on reform of rural homestead using right legal system and China’s present situation aims to find out defects of China current rural homestead using right circulation legal system and put forward the specific assume which can improve the system.First,we discuss the difference among concept,law characteristics and relevant rights of rural homestead using right and determine the study direction;Then we point out the law features of rural homestead using right;Finally,we compare rural homestead using right with on ground right,etc.and elaborate the historical development and legal situation.Second,we elaborate the way which can obtain house sites,analyse problems during obtaining current rural homestead using right,as well as the restriction of obtaining house site area and the prohibition of urban residents to obtain house site, then find out disadvantages on prohibiting urban residents to purchase rural homestead.Third,we mainly analyse and discuss the law issues about the circulation and of rural homestead using right.By analyzing the boom reason of private transaction on rural homestead using right,we suggest that we should allow the circulation of rural homestead using right according to theories of legal system structure,vale orientation, equality spirit,reality needs and reality.Finally,on base of the above analysis,we put forward legislative suggestion in the conclusion part and analyse related theoretical issues which include legal system, improvement of rural homestead using right circulation legal system and strengthening building rural area security system.

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CLC: > Political, legal > Legal > Chinese law > Land Law > Agricultural Land Law
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