On The System Construction Of The Transfer Of The Right To Use Homestead In China

Rural homestead system has a very long history, with the continuous development of the times, the rural homestead right to use the system has gone through several historical periods of development and change. Since the reform and opening up, the rapid development of the rural economy, but the pace of the rural homestead system and rural economic development today is very coordinated, one of the consequences is that the interests of farmers can be less effective protection. So, in today’s progressive, urban-rural integration, reform of the current system of rural land use right to build a system of transfer of land use right is imperative.This paper aims from both theoretical and empirical aspects, combined with the spirit and central parts of the country the latest practices in terms of land use right transfer, careful analysis of land use right transfer of the system construction, so as to activate the market and lay our homestead foundation. This topic is of great practical and theoretical significance. By studying the rural homestead right to use the system, you can push to legalize the establishment of rural homestead system rationalization and eliminate its legal gray area, to establish and improve the socialist legal system has very important significance.By studying this topic, ferret out the important value of land use right transfer, for improving the efficiency of land use, narrowing the gap between urban and rural development, promoting the socialist new countryside construction has important practical significance.For a long time, subject to legal constraints and other conditions, our country is always prohibited the transfer of rural residential land use right in. In recent years, although the country has a certain breakthrough in terms of rural land use right transfer, but is restricted due to many factors, from the fact thatthere is still a free flow of the homestead is a big gap. The main point of this article is not to get rid of long-standing concept of land use right transfer, and slowly unlock the shackles of land use right transfer some to explore the establishment of a land use right transfer allows a relatively viable system to achieve house base market standardization. Article first introduces the concept and historical changes of land use right, after analysis of the legislative, judicial present situation and problems of land use right transfer, and on this basis,analyzes the typical circulation pattern around the country, compared with the last part of the article presented at great length on how to build their own land use right transfer system of some ideas.The main innovation of this paper is to analyze Anhui, Henan, Guangdong Province, "homestead management approach", made around the country can learn from "homestead management approach" bright spot, the gradual development of "rural homestead management approach"; and proposed the establishment of a full-time administrative land use right transfer agencies, such as the establishment of land use right transfer centers, land use right transfer dispute resolution institutions. In this paper, the main use of historical analysis, empirical analysis of land use right through historical analysis system, combing the history of land use right system; empirical analysis of land use right transfer of the pilot,the pilot analysis around experience and drawbacks.