Research On The Flow Of The Right To Use The Rural Usufructuary Of Land For Building

Based on the Chinese market, and promote rapid urbanization, a large number of peasants and migrant workers settled down in cities and towns as the background, the practice of rural house foundation of a particular circulation of "failure to abide by" and "not follow" phenomenon summarized and explained, Based on the protection of land rights and interests of farmers, improving the efficiency of allocation of land resources of the public and farmers, rural house foundation to reform the system of basic objectives, the main path and supporting measures.In this paper, I use case studies, standardized analysis and analysis methods. The right to use the rural house foundation should be in circulation but under a statutory right and it ran the state under the statutory right to study and its deviation, the current emerging social issues analysis, to provide reference for the reform of the circulation is an important practical significance . This study contents and main conclusions are as follows:(1) Outlined in the rural house foundation right to use the system on the basis of history, description, analysis and comparison of the rural house foundation and the right to use the system for the rural house foundation and the right to use land for building use rights, the right to contractual operation of land in common and differences. Research shows that the rural house foundation and the right to use members of the rural collective organizations linked to the qualifications, with identity and restrictive. The right to use the existing system of rural house foundation not only lead to excessive expansion of the rural house foundation extension, land a low utilization rate, but the problem derived from the house foundation ownership of the house foundation transaction security issues are prominent. The right to use a house foundation is subject to legal restrictions on the use of special benefit property rights, the right to use the house foundation and construction land use rights While both belong to the nature of construction land usufruct property rights, but regardless of the content and the right to exercise the rights of the scope of the The right to use the house foundation restrictions are far greater than the right to use land for building.(2)From achieving the integration of urban and rural development, change the urban-rural dual economic structure system, and rational allocation of domestic resources and improve economic efficiency, in terms of building a harmonious society, the right to use the house foundation at this stage of the transfer of the necessity to analyze. Research shows that the rural house foundation of the right to use a strictly limited circulation, suitable for the urban and rural social relatively static, and personnel exchanges between the more isolated from the era. With the deepening of China reform and opening up, accelerating the pace of urbanization, the increasing movement of persons, migrant farmers an irresistible trend of today, the right to use the circulation of rural house foundation is the trend of the times.(3)From the combination of theory and practice on a rural house foundation to study the use of the right to transfer, inheritance, gift, lease, the replacement, such as shares. Research shows that while rural house foundation right to use the circulation of various forms, but the circulation of the more common approach is the replacement, shares and rental, especially the replacement building has become a new rural house foundation in the transfer of the right to use the main form. Different rural house foundation circulation of the right to use the form of administrative intervention in the situation there were greater differences.(4) From the legal, social and cultural factors, such as restricting the right to use the rural house foundation aspects of the flow of the discussion, analysis showed that the house foundation of the healthy functioning of the right to use, depends both on a good social and cultural environment, but also on a Strong legal protection system. The practice of the phenomenon, we can not evade, not one-sided restrictions should Shenjiu the existence of reasonable and inevitability, scientific guidance and norms so as to healthy development. The innovation is in this paper summed up the urbanization process in the house foundation of the right to use several forms of circulation, the reality of the existence of the two most common forms - and the replacement shares the legitimacy and reasonableness of the proposed housing Right to use the base for the circulation of standardized forms of the way.