Rural homestead refers to the land on which houses have been built, built, or decided to be used for building houses, including land on which houses have been built, land on which houses have been built but no longer have a roof, land that is uninhabitable, and planned land to be used for building houses.

etc types.

Homestead use rights refer to the rights of natural persons to build houses and live on national or collective homesteads obtained in accordance with the law. It includes the base of the building and the blank base attached to the building. It generally refers to natural auxiliary uses.

Houses, courtyards, domestic land that has not been used for farming in the past, and production sites in domestic buildings.

The right to use the homestead should also extend to the underground.

1. Legal provisions and characteristics of rural homestead land. my country’s 1982 Constitution stipulates: “Land in cities belongs to the state. Land in rural and suburban areas, except for land owned by the state as stipulated by law, belongs to collectives. Homestead land and Private land is also collectively owned."

Article 152 of the Property Law stipulates that holders of homestead rights have the right to occupy and use collectively owned land in accordance with the law, and have the right to use the land to build residences and ancillary facilities in accordance with the law.

Rural homesteads generally have the following characteristics.

First, the user is specific, that is, only specific members of the collective economic organization have the right to use a specific homestead.

Rural villagers can only apply for homesteads to their collective economic organizations. After specific villagers apply for homesteads, they can only build their own houses and cannot sell or transfer them.

The second is the conflict between the singleness of the acquisition methods stipulated in the law and the diversity of the acquisition methods.

The third is one house per household.

According to Article 62, paragraph 1, of my country's Land Management Law, "A rural villager can only own one homestead, and the area of ??the homestead must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government." Fourth, it is not transferable. .

That is, after specific villagers apply to obtain homestead land, they can only build their own houses, and cannot sell, transfer, or mortgage them.

2. Current status of use of rural homestead land and hot topics After the promulgation of the Property Rights Law, there are still some issues that need to be resolved regarding rural homestead land.

For example, during the approval process of homestead land, the farmer collective does not have the right to dispose of the homestead land, which is extremely inconsistent with the owner status of the farmer collective; in addition, the farmer collective is not given the right to supervise and manage the use of the homestead land.

The legislation does not improve farmers’ rights to use homesteads; another example is that the right to use homesteads can only be owned by residents of the village, which means that people from other villages who have obtained the right to use homesteads in the village through other channels can only transfer it to residents of the village.

In this regard, the hot topics surrounding the use of rural homestead land mainly include: 1. Whether the homestead land can be inherited.

It is not allowed according to the law.

However, there are houses on the homestead site, except those in the forest.

2. Is the private sale of homestead valid?

Self-transfer of homestead land without change registration is invalid.

Self-transfer of homestead land without change registration is invalid.

Article 2 of my country's "Land Management Law" stipulates: ...Land use rights may be transferred in accordance with the law.

Article 6 of the "Regulations for the Implementation of the Land Management Law of the People's Republic of China" stipulates: If the land ownership and use rights are changed in accordance with the law, and the land use rights are transferred due to the legal transfer of buildings, structures and other attachments on the ground, the land use rights must be transferred to the location of the land.

The land administrative department of the people's government at or above the county level submits an application for land change registration, and the original land registration authority shall register the change of land ownership and use rights in accordance with the law.

The transfer of homestead land by rural villagers should comply with the strict restrictions on "transfer" of the law, and they must go to the land administrative department at or above the county level to go through the relevant change registration procedures in accordance with the law, otherwise the transfer will be invalid.

3. Can urban residents purchase homestead land?

Homesteads are not allowed to be sold to city dwellers.

In 1999, the General Office of the State Council's "Notice on Strengthening the Management of Land Transfers and Strictly Prohibiting Land Speculation" clearly stipulated that farmers' residences must not be sold to urban residents, nor may urban residents be approved to occupy farmers' collective land to build residences, and relevant departments must not provide illegal construction services.

Issue land use certificates and real estate certificates for the purchased residences.

3. Disadvantages of my country’s current rural homestead system my country’s current rural housing legal system and rural homestead system are no longer in line with the requirements of the socialist market economic system.

First, it does not adapt to the socialist market economic system; second, it does not adapt to the changes in the rural population; third, it does not adapt to the traditional habit of taking the family as the economic unit; fourth, it does not adapt to the objective requirements of rural industrial structure reform; fifth, it does not adapt to improving farmers' lives and promoting

Rural economic development.

The biggest drawback is that it hinders my country's urbanization process.

1. The power to approve and allocate homestead land is controlled by township (town) and village cadres, and the phenomenon of power allocation for personal gain is serious.

2. The transfer of rural homestead use rights is in disorder and deviates from the legislative purpose of the Land Management Law.

3. The phenomena of multiple houses per household, building houses on random land, and building houses on multiple land are prevalent, and the phenomenon of "hollow villages" is obvious.

4. There is a conflict between the unity of legal provisions and the diversity of acquisition methods.

5. In the case of one household with multiple houses, there are still many farmers who do not have homesteads and multiple generations of the family live together. This means that several households have one house.

Even if they seize farmland to build houses without applying, the local authorities can do nothing about it.

6. There are no clear legal provisions on the recovery of old homestead land and its specific regulations.