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Study On The Transfer Problem Of The Using Rights Of Rural Residence Base

Posted on:2009-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:L H ZhangFull Text:PDF
GTID:2189360272962190Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Residence base in the rural area constitutes the major parts of lands in the countryside, while the using rights of residence base is one of the most fundamental property rights of peasants. However, whether the using rights of rural residence base can be transfer freely, has long been the focus of attention of the community. This article Based on the inspection of China's using rights of rural residence base's present situation, analyzed the necessity of the using rights of rural residence base to transfer, and proved the possibility of it transferred. At the same time, residence base on how to regulate the transfer of the using rights of rural residence base system for a number of ideas, with a view to enable our country's using rights of rural residence base transfer smoothly, and promotes our country economy development.The full text's structure and the content are as follows:The first part inspected the present transfer situation of our country's using rights of rural residence base. Mainly inspected our country in the legislation to the using rights of rural residence base transfer's standard and attitude, as well as our country's judicial practice present situation, and inspected the using rights of rural residence base transfer through the real diagnosis investigation's way in the real live actual situation and the existence question and the reason.The second part has analyzed the necessity of the using rights of rural residence base transfer. freely transfer of using rights of rural residence base is China's economic structure reform inevitable requirement, its transfer is not only to optimize the allocation of land resources, to expands the farmer's income channels, will also help to implement the principle of fairness.The third part has proven the feasibility of the using rights of rural residence base transfer. Mainly obtains from the Realistic basis and theoretical foundation to carry on the proof. using rights of rural residence base transfer has not only had the policy, the legal base, with a transfer social conditions, simultaneously has also had the system execution power. Theoretically mainly obtains from the property and the related concept and the economic efficiency idea to carry on the feasible proof.The fourth part has constructed the using rights of rural residence base transfer system. Mainly includes its transfer principle,condition,scope,methods and the income distribution mechanism, and improved the related measures, such as China's rural social security system, establish a standardized and orderly market in rural areas an so on.
Keywords/Search Tags:use right of residence base, transfer, property law, Efficiency
PDF Full Text Request
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