The Study On Legal Issues Of Transferring The Right To Use Homestead

Land is the basis for human survival, the land system in one country's institute system occupies an important position. Since the founding of the people's republic of China, after the land system changed repeatedly, the most public ownership of land by the end of the formation, state ownership and collective ownership. In urban and rural areas, the development of land for construction showed two different conditions, After the nationalization of urban land, the two market of state-owned right to use land well-developed; reverted to the collective ownership of rural homestead, the villagers could use for free with the application to obtain the right to use homestead, but the circulation of the right to use homestead has not liberalized. Although the system of the right to use in a period of years has played an important role in safeguarding, but the rural homestead as a land resources and the efficiency of the value is not being played. With the urbanization process to move forward, the expansion of rural-urban migration, rural homestead use efficiency is low, the circulation of the right to use homestead are disorder outside legal regulation. The existing homestead system need for improved, it should pave the way for transfer of the right to use homestead. Papers around the relevant issues of the right to use rural homestead transfer to research and analysis.The whole article is divided into four parts, the first part is about an overview of the right to use rural homestead; the second part is about the necessity and feasibility of the transfer of right to use homestead in rural areas; part III is about the transfer of the right to use rural homestead actuality and barriers analysis; the fourth part is about recommendations to improve the transfer system of right to use rural homestead.In the first chapter, about the overview of the right to use rural homestead, it contents the concept of the right to use rural homestead and the analysis of their nature, comparison between the concepts of the right to use rural homestead and associated right, the historical evolution and problem about the right to use rural homestead. As land resources, from its history and analyze the status quo can see, allowing the transfer of the right to use rural homestead have been unstoppable.The second part is analyzing the necessity and feasibility of transfer of the right to use rural homestead. Presently, it is highlight the contradiction between supply and demand in China's urban and rural, one side is idle; the other side is strong demand for land, the value of the homestead as resources have not been brought into full play. It needs legal to regulate the transfer market of the right to use homestead. In addition, through an analysis of necessity and feasibility of its circulation, the circulation of the right to use homestead is not terrible.The third part is about the status of the right to use rural homestead transfer and barriers analysis. In this part some current common flow patterns are introduced, and analyze the factors impeding the circulation of the right to use homestead, and point the problems of the homestead legal system and related systems.The fourth part is the advice about improving the right to use homestead transfer system. Address the issues raised in the previous parts some recommendations, it content the advice about circulation system of the right to use rural homestead and associated system. The last is a summary of the article and future prospects.