Legal Regime Study In The Free Circulation System Of The Right Of Using Rural Homstead

The small property rooms, built in the land collectively owned by peasants , without planning nor paying the land transfer fee or other cost, which are sold to the residents outside the collective organization, and which ownership certificate is not issued by the state housing authorities, but by the township government or village Commission, are increasingly becoming hot properties. Whether the contract of trading such a small property room is valid is becoming a problem for more and more people to face. But for now, the small property room is still in a rather awkward situation. How to resolve the embarrassment of selling small property room, is the purpose of this article.In current, the "small property room" has large scale and diverse forms, and its buyers are usually complicated. Dealing with it is not only related to the authority of government's administration as well as the distribution of interests among multi-stakeholders, but also will involve a deeper problem. If mishandled, it can lead to social instability, so it is a problem should be cautious of. This paper argues that we can take it from establishing and improving sound supporting systems: The first is to establish the system of obtaining the homestead paid; to change the constant practice of excessively demanding for house sites by free, and to establish a system of using house sites which combines with welfare and market supply as well; The second is to consummate the grass-roots democratic system: prosecuting the village's self-government and expanding the grass-roots democratic system in rural areas; The third is to establish the elimination system for the right to use the rural homestead.This article selects a case of transferring a small property room for analysis. But the more profound meaning is to carry out the point that we should moderately release the transfer of the right of using rural homestead . Since the liberalization of the transfer of the right of using rural homestead is not only in line with the fundamental spirit of law"equal before the law", but also can solve the contradiction between the legislation and reality and help to solve the "three rural" issue at the same time. Turning the right of using collectively house sites with welfare dependent into a free flow of assets, so that the rural houses can be freely transferred in market and the peasants can completely break the shackles of the land and relieve the worries of transferring outwards the labor force surplus in rural, can speeds up the process of farmers out of poverty .