论文部分内容阅读
现行的我国农村房屋地基继承制度建立在城乡户籍分割制度上,存在很多弊端。农村宅基地使用权和宅基地上房屋的所有权继承必将产生的矛盾,一方面房屋所有权依法继承,另一方面宅基地使用权不得流转。人为地分割了地上房屋和宅基地,造成资源的不合理利用。同时,有关宅基地继承的法律并不完善,常常出现法律分歧。同一事件在不同地区有着截然不同的判罚。基于这种情况,为解决宅基地继承中存在的问题,解决宅基地继承的弊端,宅基地继承改制势在必行。
The existing inheritance system of rural housing foundation in our country is based on the household registration system in urban and rural areas, which has many drawbacks. The contradiction between the right to use house sites in rural areas and the ownership of houses on the homestead foundation will inevitably result from the fact that on the one hand the ownership of houses is inherited according to law and on the other hand the right to use house sites may not be transferred. Artificially divided the ground houses and homestead, resulting in the irrational use of resources. At the same time, the law on the succession of homesteads is not perfect and there are often legal differences. The same incident has very different fines in different regions. Based on this situation, in order to solve the problems existing in the inheritance of homesteads and solve the defects of inheritance of homesteads, it is imperative to inherit and restructure the homesteads.