Right to the Use of the Homestead with Rural Houses Transfer:Institutional Evolution,Judicial Judgment and Innovative Practices
The system of the right to the use of the homestead with rural houses transfer has experienced an evolution from permission to restriction,which reflects the combination of government policy compulsion and interest orientation.Its judicial judgment is obviously passive.When farmers transfer their rural hou-ses to non-members of the collective economic organization,the court will generally decide that the transfer contract is invalid.However,the judicial policy has leaved room for homestead reform,reflecting a balance between principle and flexibility.In this practical innovation,the country did not directly abol-ish the existing rules of restricting the right to the use of the homestead with rural houses transfer.In-stead,being prudent,it opened up a new path.In the pilot area,its scope of transferees is expanded,it is integrated with the market entry of the collectively owned land parcels,and is combined with the with-drawal of the qualification right of the homestead,as well as the investment and cooperation of rural home-stead,all reflecting the efforts to overcome the limitations of the right to the use of the homestead.
the right to the use of the homesteadrural housesthe integration of premises and landsepa-ration of three rights
万方数据
维普
