A Study On The Transfer Of Homestead 's Right To Use

Our country is an agricultural country with a long history, the rural collective land has a very important significance for the collective and farmers. Limited land resources, the need to weigh the contradictory relationship between rural construction land and farmland. Due to sustained economic growth, increasing population, the demand for rural land for construction is growing strongly. The basis of existing laws to protect arable land for the purpose of preventing the housing and rural construction land value for people who lost their homes after considering strict restrictions on the freedom of rural construction land and homestead right to use the transfer. But in some places the practice has been to break through the current legal system. In addressing these issues, we can not simply give a negative evaluation, according to the law. Establishment of a new system that can effectively address the problems of rural housing trading, so as to solve the practical problems of agriculture, rural areas and farmers, the current system can break through undue restrictions on individual freedom, the restoration of land and real estate product attributes so that farmers can enjoy the true sense of property rights, to provide the necessary conditions for individuals to realize their value。As a property rights, land use rights has important implications for farmers, strictly limit the country because of the identity and freedom homestead right to use the paid transfer, the process of social development practice, far beyond the established legal system based phased characteristics. Chapter13of the Property Law legislation for reform set aside some space. Therefore, in light of China’s national subject, to promote the development of urbanization, and to build a new type of rural residential land use rights system into focus. In this article, I will by rural residential land use rights system to sort out, and in-depth research and analysis of our homestead the transfer of the right to use the program and defects. This article will mainly discuss the issue of transfer of the homestead right to use, and perfect views.