Proceedings of the 2024 4th International Conference on Public Relations and Social Sciences (ICPRSS 2024)

The Solution of the Difficulties in Inheriting the Right to Use Homestead from the Perspective of the Separation of Three Rights

--Take the Example of a Married Woman

Authors
Junru Su1, Shuangqing Zhu1, *
1College Of Liberal and Law, Hefei University of Technology, Hefei, 230009, China
*Corresponding author. Email: dyl1105292132@sina.com
Corresponding Author
Shuangqing Zhu
Available Online 18 November 2024.
DOI
10.2991/978-2-38476-305-4_5How to use a DOI?
Keywords
rural homestead-land-use-right; separating rural land ownership rights; contract rights; management rights; heirship; maiden
Abstract

The dilemma of inheritance of the right to the use of homestead land is a major crux of the use of homestead land, which is especially obvious in the aspect of the inheritance right of married women. The inheritance dilemma of the right to use the land is related to the dual structure of rural land, the improper guidance of village rules and regulations and the marginalization of women’s status. In fact, the key to solving the above dilemma lies in resetting the structure of rural land rights and realizing the separation of land property rights and member rights, and the separation of the three rights is the way worthy of attention. Based on this, for the protection of the inheritance of the collective right to use the house of married women, we should focus on solving the inheritance right to give the right to use the house land, and refine the criteria for identifying members of collective economic organizations; At the same time, the homestead withdrawal and recovery mechanism should be established, and the judicial relief mechanism for the inherited rights and interests of married women should be perfected.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2024 4th International Conference on Public Relations and Social Sciences (ICPRSS 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 November 2024
ISBN
978-2-38476-305-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-305-4_5How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Junru Su
AU  - Shuangqing Zhu
PY  - 2024
DA  - 2024/11/18
TI  - The Solution of the Difficulties in Inheriting the Right to Use Homestead from the Perspective of the Separation of Three Rights
BT  - Proceedings of the 2024 4th International Conference on Public Relations and Social Sciences (ICPRSS 2024)
PB  - Atlantis Press
SP  - 24
EP  - 30
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-305-4_5
DO  - 10.2991/978-2-38476-305-4_5
ID  - Su2024
ER  -