中國 農村宅地使用權에　관한　법적 검토

Abstract

After Decades of years of reform and opening policy in China, lots of achievements, which are about the reconstruction of property rights to the use of land in China, have been reached at theoretical level. Property Law in 2007，Doing away with the out-of-date theories and creating new ones are a general trend. However, why did the legislators make such a choice that goes against the public idea again? We try to describe and analysis the qualification and the licility of the right in the Chinese Rural Housing Land by following sections. First, on the basis of the Methodology of Institutional Change Theory, the author describes and analysis the history and development of the right in the China Rural Housing Land. Could help people to understand the situation of today and the future of the right in rural housing land. Second, the author defines the concept and the property of the right in rural housing land, a general concept in China of the right to the use in rural housing land is an usufructuary right, obviously ignore the fact of ideology features of China legislation system. It is the most possibly an ideal decision to meet the traditional theory of the law and the provisional economical system. It could not explain validity of the right in rural housing land under the China public ownership system. The authors persist on that the usufructuary right and right in rural housing land are complex rights, one should impersonally understand these right when study right in the Rural Housing Land. Third, research the mainstay, achieve, circulation of the right in the Rural Housing Land, analysis more depth in the manner of the circulation of the right in rural housing land, studies more in details on the defects of the existing circulations system, putting forward some feasible suggestions on the defects.