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
- 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.
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 -