Study On Transferring The Use Right Of Housing Land

The transfer rural housing land has become a key issue in the process of urbanization.With the growing of population,the acceleration of urbanization and industrialization,the price of housing land become higher and higher for urbanization needs.Some developed areas in China,transferring rural housing land happened frequently.Hoverer,under the regulations of ruling rural housing system,the transfer of rural housing land is prohibited.Due to stimulation of interest,the"shadow market"has emerged and many disputes have risen.Those deals are absent of legal protection,and caused so many problems.The thesis study the use right of housing land on the basis of summarizing the relating literature,to research transferring rural housing land.The thesis including following parts:In chapter 1,to study the concept,law feature and the value orientation of the use right of housing land.First of all,identify the concept of the use right of housing land clearly,and reveal the law feature of use right of housing land;secondly,study the formation of the use right of housing land system,and look back the history of formation of the use right of housing land and analyze the reality.Base on it,writer make a conclusion that the law limited transferring the use right of rural housing land. Finally,make the value analysis about the use right of housing land law system,and demonstrate that the system is orientation to protect farmers habitation and maintain rural residence order.In chapter 2,analyzing phenomenon's of transferring the rights of housing land under urbanization era,writer point out that"shadow market"have broken up law's limitations,and many complications arose because of absent law's protection.Base on this case,analyze malpractice arose by limiting transfer the use right of housing land, and review whither limitation is reasonable or not.And think that we should let the right of housing land transferred freely today for market economy development. About the transference of use right of housing land,the argument focus on the restrictions on the transference of rural housing within the collective economic organizations,there are agreement and disagreement academic perspective.The author approves the opinion that allows its transference without restriction,and upholds by analyzing from the legal values,the spirit of equality,the reality of the need and so on.In chapter 3,according to above analysis,in the conclusion section,bring out some suggestions to perfect the use right of homestead by benefiting from city land law system,including the establishment of the use right of homestead with compensation,deadline and transference system,In further,to defined property right premise,and explode to establish payment using system of housing land under the market economy condition.It will benefit to urbanization advancements,promotes the rural population shift,saves has the reality significance using the land resource.