Research On The System Of The Residential Land Use Right

Rural house site is the most essential and basic means of livelihood for the farmers' existence and development. The residential land use right system has great theoretical and practical significance to build a socialist harmonious society and maintain social stability. But our Constitution, Land Management Law, Property Law Legal System and other land legal system are very simple and rough. The force of law is low-level, and the operability is not strong, the regulations are conflicted with the departmental rules of the local government, leading to different implemental standards in different parts. Because of lacking legislative resources, which can not meet the need of residential land use right system. Existing residential land use right system is arising from the planned economy system, the state administrative has a strong intervention sense of public law, which does not meet the new trends in property development. The development of market economy system does not meet the needs of residential land use system and the real practice of the theory of development has been the out of touch, the academic system of land use right began to increase, but the domestic scholars in civil law within the framework of the right have different ideals to the values, trends of residential land use right system. The Government introduced a large number of restrictions, leading to a large number of private residential land transactions, ownership not only cause confusion, but also cause a large number of disputes, the judicial decisions are based on different restrictions, which damaged the authority of the law, interfered with the normal management of the states. The new introduction of Property Law is just to take an evasive attitude, it take the measure to use the permitted Land Management Law and the relevant practice of the state, it does not make any breakthrough on the acquisition, transfer, elimination of the residential land use right system. The existing residential land use right system still has many problems to reform and improve. Therefore, it is very necessary for us to make a systematic study of this system in-depth, which can arise the promotion in practice and the development of the rural economic. The approach which can increase the economic income of the farmers should be actively adopted and be provided in the forms of law, providing legal support for perfecting the farmers'right and establishing a set of the land use right system which can meet with the actual development levels in rural areas.The starting point of the Paper is to speed up urbanization and protect the farms' rights and interest, the paper is based on the main research results, combined with relevant research data. We make the theoretical analysis and empirical research of the residential land use right system. Because of the reasons, such as history, legal system and the management of the government reasons, the land use system has many problems in the areas of acquisition, transfer and registration, etc. There are still many problems to be solved, in order to build a new land use right system, we must propose the basic principles and guidelines on how to improve residential land use right system and put forward our views and perspectives. I expect that legislators can stand on the point of the China's basic national conditions, new trends of the property development, the development requirements of market economy, the reality of rural farmers to look at the existing system of land use right, and treat the residential land use right as an actual property rights, achieve the real usufructuary right into the civil standard adjustment range, to provide equal opportunities for farmers to participate in the market with maximum respect economy, which is the need to develop the rural economy and speed up the process of urbanization.