| The system of the right to the use of house sites is a weak point in China's rural land real right legislation. The institutional dilemma of the right to the use of house sites originates from the increasing conflicts between the social security function and the economic value function of house sites. To solve this dilemma, China should take the following measures:firstly, to improve the rules on the acquisition of the right to the use of house sites by adhering to the identity attribute and fundamental principles of the right to the use of house sites, recognizing the rights division in different situations, enriching the system of application for and reallocation of house sites, and perfecting the supporting legal procedures; secondly, to adopt regulations in light of the actual need of lifting the ban on the transfer of the right to the use of house sites, focusing on the rules on the boundaries of the transfer of the right to the use of house sites, the institutional design of the legal right to lease the house sites, the sale of farm houses and the mortgage of the right to the use of house sites; and thirdly, to establish a mechanism for the elimination of the right to the use of house sites, improve the mechanism for the recovery and voluntary withdraw of the right to the use of house sites, and active explore approaches to the reacquisition of the right to the use of house sites with the protection of the interest of house sites qualification as the core. |
京公网安备11010102006664号 京ICP备2023015853号