On the Identification of the Subject of Rural Homestead Qualification Right
Based on legal hermeneutics and other research methods,this paper explains the basic principle of the member families of collective economic organization being identified as the subjects of rural homestead qualification rights,and constructs the double-layer identification standard of the subject of rural homestead qualification right.The study finds that the membership of collective economic organizations is the basis for identifying the subject of the rural homestead qualification right.The Civil Code of the People's Republic of China stipulates that"the real and movable property owned by the farmers'collective belongs to the members of the collective"and the vast majority of local policies stipulate that the subject of rural qualification right to rural should have the membership of the collective economic organization,and it is inappropriate for a few local policies to stipulate that non-members of collective economic organizations enjoy the right to rural homestead qualification.The family is the smallest unit for identifying the subject of rural homestead qualification right This is the normative requirements of the Land Management Law of the People's Republic of China,which states that"rural villagers may own only one homestead per household",the Constitution of the People's Republic of China,which states that"rural collective economic organizations shall implement a two-tier management system based on family contracting and a combination of unity and division",and the Constitution of the People's Republic of China,which states that"marriage,family,motherhood,and children are protected by the State".A double-layer identification standard for the subject of rural homestead qualification right should be established,i.e.to confirm whether the family has the membership of collective economic organizations,and then to determine whether the family has realized the rights and interests of homestead.Only those families that meet the double-layer criteria for membership of collective economic organizations can be recognized as the subjects of the qualification right for a rural homestead.
万方数据
维普
