Dissertation > Political, legal > Legal > Chinese law > China and France

Of Rural Housing Land Use Right system

Author WangJing
Tutor WangChongMin
School Hainan University
Course Civil and Commercial Law
Keywords Rural homestead Rural Housing Apply for and obtain Successors obtain
CLC D923
Type Master's thesis
Year 2011
Downloads 86
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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 .

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