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6 - Land Contractual Management Rights and Homestead Use Rights

Published online by Cambridge University Press:  09 July 2025

Lei Chen
Affiliation:
University of Durham
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Summary

This chapter provides an in-depth analysis of Land Contractual Management Rights (LCMR) and Homestead Use Rights. It begins by explaining the concept of usufruct, which allows individuals to use and benefit from land owned by the state or collectives. The chapter delves into the creation, content and registration of LCMR, highlighting its significance in rural land tenure and agricultural productivity. It addresses ambiguities in LCMR, including issues of inheritability and the challenges faced by women in rural areas regarding land rights.

The second part of the chapter focuses on Homestead Use Rights, detailing their concept, features and transferability. It explores how homestead use rights are essential for rural residents’ housing security and the evolving policies around their marketization and mortgageability. The chapter also discusses the conditions under which homestead rights can be extinguished and the regulatory environment governing these rights.

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Type
Chapter
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Property Law in China
Transition and Trend
, pp. 153 - 189
Publisher: Cambridge University Press
Print publication year: 2025

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