| The large population and the relatively shortage of the cultivated land are China's main realities. At present, with the rapid development of economics and urbanization, large amounts of lands are needed for various construction. How to keep the 120 million hectare cultivated lands and meets the demand for construction become an urgent problem for us to think and solve. So, we have to improve the efficiency of lands for construction, especially the countryside collective construction lands (mainly in the rural residential land). Now, there is 10 million hectare of the land for residential building in rural areas, roughly accounts for about 60% of the countryside collective construction lands. As the acquisition and the use of rural residential land is linked to the membership of the rural residents, the "public domain tragedy" is caused by free obtains and unlimited use of the rural residential land. Although the transfer of the rural residential land is forbidden, it has become a common phenomenon in economically developed areas and suburbs, causing the existence of "grey market". Without legally regulation, there are a series of contradictions and problems caused by the hidden transfer of the house base in rural areas. Thus, the collective assets of rural areas and the nation's tax revenue are out flowing seriously. Since the related rights could not be guaranteed, those unexpected social events may come out.The research adopts much analysis, such as standardized analysis, the empirical analysis, the investigative method and so on. In this paper, the author has studied the condition of the ownership, the existing problems and current situation of the land for residential building in rural areas, it also analyses, the experiment reform land for residential building in rural areas, figure out the characters of the transfer and driving and hindering force and so on. According to the reforms of the rural residential land transfer, the author find out that the present system does not suit the require of the socialist market economy and the scientific concept of development, it is not available for cultivated land and right protection. The system must be charged. Through the empirical analysis of, at the level of rural household, the main impacting factor of the rural residential land use right transfer is the economic interests and the farmer can enjoy the same treatment with the urban residents. In the overall level of villages, the main affecting factor is the location factors and the level of economic development.The paper aims to find out the main reasons that affect the transfer of the land for resident building in rural. The author wants to do something to give the theory to support the reform system of transfer of the land for residential building in rural. |