Of Rural Housing Land Use Right system
|Course||Civil and Commercial Law|
|Keywords||Rural homestead Rural Housing Apply for and obtain Successors obtain|
Rural homestead is important to rural land part of the nature of land use right from the analysis, which is a kind of social welfare with the nature of the right to collective farmers based on membership and benefits enjoyed protection. Based on this , the state of the body to obtain a range of land use right and qualifications to make certain limit, that only the rural collective economic group members can enjoy land use right, is gratuitous , and the villagers can only have one a homestead , if the rent, sell or gift to others housing , and then apply the homestead shall not be approved . Urban residents do not have access to rural land use right qualifications , the villagers if sell houses , and can only be transferred to the members of the collective economic organizations . Therefore , the law provides for the right person the right punishment rural homestead has great limitations , and strictly control the circulation of rural homestead issue . And mortgage terms in succession , homestead houses are legal property belonging to individuals , but whether it can be inherited or mortgage homestead had a huge controversy. How it ' dispute can be resolved , improve our rural homestead to obtain the right to use the system . This paper describes three aspects : first, to obtain land use right for the history and the current status of the legal provisions and practice . Secondly describes the main homestead before our main problems , scholars dispute the main points, and these issues . Finally, how to improve , including the need to improve and build China's rural homestead of obtaining the right to use the system .