A Study On The Circulation Of The Right To Use Homestead In Rural Areas Under The Process Of Urban - Rural Integration

Rural homestead system occupies a very important position in the Chinese land system. Our homestead system set up at the beginning of the aim is to protect the right of living of rural residents, with welfare insurance. But with the development of our national economy and city economy, the welfare function of homestead system gradually weakened. At the same time, the existing legal system of the homestead right of use circulation limit is not conducive to the process of integration of urban and rural areas, but also related to the interests of farmers will damage. But because of the security system in China is not perfect, if fully liberalized the restrictions will be the homestead right of use circulation cause social instability. Therefore, to find a reasonable balance between "open" and "limit" to promote the homestead right of use is more reasonable and orderly transfer is very important.The first part, this paper expounded the concept, the countryside homestead right of use, and the nature of the use right of homestead origin. The author views on the current academic circles about the homestead right of use and the nature of the concept made a summary and put forward their own views and opinions. At the same time, the author expounded the origin of the countryside homestead right of use, the origin and point out its problem experienced farmers ownership and collective ownership of the two stage.The second part of this paper,problems related to the transfer of the right to use the rural homestead is described in detail.Firstly,this paper reviews the current status of the homestead right of use circulation;secondly,this paper analyzes theoretical dilemma,the current land use right circulation legal difficulties and social difficulties. Thus further demonstrates the countryside homestead right of use circulation problemsThe third part, carried out a pilot reform of the rural homestead on the current pattern around the. Is analyzed, and based on these reform model summary. Points out the achievements and existing problems. Thus further proves the limited release the land use right transfer is feasible and useful.In the last part, the paper puts forward some suggestions for the right to use to improve the rural homestead system. First, improve the relevant laws and regulations of China; second, perfect the relevant management system in China, including land acquisition and registration system; third, improve the relevant supporting system of our country, including the household registration system, the social security system and the democratic system at the basic level.