Comparative Analysis of Small House System in Hong Kong and Rural Homestead System in Mainland China
Abstract
From the perspective of jurisprudence and the starting point of land rights, this paper compares the small house system in Hong Kong with the rural homestead system in the mainland, and finds that there are differences in the nature of rights, the dimension of fairness, efficiency and resource allocation between the two; At the same time, there are many aspects of the mainland homestead system that are actually worthy of reference for the Hong Kong small house system, which can provide a reference for the system improvement of the Hong Kong small house system to resolve the gender equality disputes, inefficient and idle land and other problems caused by the exclusive use of men. Based on these understandings, the article tries to put forward some enlightenment of the mainland experience to the small house system, such as learning from the practical path of the reform of "separation of powers", or exploring the method of balancing the relationship between the protection of historical rights and interests and the construction of the rule of law, to provide theoretical support and practical reference for the reform of the small house system in Hong Kong.
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