Empirical Investigation and Discussion of the Dispute of the Use Right of Homestead

Abstract

Under the background of the separation of the three rights of homestead, it is necessary to construct the system of how to transfer the use right of homestead. Through the sorting out and analysis of 92 relevant judgment documents since 2021, it is found that there are practical problems such as the single release form of the use right of homestead, the blocked circulation of the use right of homestead, and the difficulty of guaranteeing farmers' rights and interests. Based on this, through the in-depth study of the dispute focus of the selected cases, the following suggestions are put forward: promote the diversification of the use right of homestead, break through the dilemma of the use right transfer of homestead in the double levels of legislation and justice, and effectively protect the farmers' living rights and income rights. In order to provide effective reference for the use of homestead in practice.