The Study Of The Legal Problem Of The Transference Of The Right To Use Rural Land

"Land is an old topic, but also an eternal topic. History of the development of human society, both land ownership and land use right of changing history, but also distribution and redistribution of land resources among the different social subjects, use and re-use among different social purposes of history."Since ancient times, the rural land is closely related to the interests of farmers and is the protection of farmers to survive. However, with the development of society, in particular the acceleration of urbanization process and the development of the second and third industries, the social security function of rural land is slowly changing for the investment function, which mainly point for the transference of the right to use rural land.The transference of the right to use rural land is the circulation of social development, and is the inevitable result of urbanization and industrialization. However, in our existing legal framework, there are still many obstacles with the transference of the right to use rural land. The existing provision on the transference of the right to use rural land is far from perfect, which has not resulted in limited land resources were not fully utilized, but also hindered the development of China's rural economy. The face of the law out of touch with reality, all kinds cases of the transference of the right to use rural land how to apply the law, is the purpose of this study.The paper based on the rural land transference cases of cities and countries in Bao Ding and Ren Qiu, carried out the core issue on the law problem, analyzes and discusses respectively the transference of contractual operation right of land, the transference of the right to use house sites, the transference of the right to use collective construction land. This paper is divided into four parts:The first chapter defines the concepts of the legal problem of the transference of the right to use rural land. The right to use rural land includes the right to contractual operation land, the right to use house sites and the right to use the collective construction land, the transference of land refers to the flow between the different subjects. The law on the transference of the right to use the rural land has restrictive provisions, since the Third Plenary Session of Seventeen, policy promotes relax such restrictions. How to achieve the uniform problem of law and policy on the question of the transference of the right to use the rural land is the major issue in the development of the land system in China. The second chapter discusses the legal problem on the transference of contractual operation right of land. Property law formally establishes the property nature of the right to contractual operation land, which is of great significance to protect the interests of land owners. This chapter includes the legislative evolution, status and corruption of the system, in the last based on the cases of court, analyses the legal application of various disputes in legal practice. The law has more comprehensive provisions, including transfer subjects, transfer patterns, transfer principles and transfer objects, etc.The third chapter discusses the legal problem of the transfer of the right to use house sites. Broadly speaking, house sites belong to the collective construction land, but Property Law singles out house sites as an independent right. This chapter based on the existing legal provisions and transfer status, proposes the principle and response of the transfer of the right to use house sites. The transfer of the right to use house sites should adapt to China's market economy development, and learn the relevant experience of the judicial practice, and should establish and perfect the supporting measures.The fourth chapter discusses the legal problems of the transference of the right to use the collective construction land. In addition to the house sites, the collective construction land includes land for township and village enterprises and rural land for public facilities and public welfare undertakings. A large number of presence of the transference makes the law in a very awkward position, but also precisely because of the lack of legal regulation, the transference abounds many problems. Trough analyzing the feasibility and significance of the transference, this chapter puts forward to perfect the related systems approach as well as legislative proposals.