The Land Use Right Flow Of The Legal System

Land as an important factor of production,since the old have been of particular concern.As rural work, "three plays" one of the rural homestead, it is nearly 900 million Chinese peasants existence and prosperity.Land use right as a unique Chinese usufructuary the legal status of property should be in our system was reaffirmed.However, in the October 1, 2007 implementation of the "Property Law", on the land use right only requires a simple four provisions, only a rough outline of our system of land use right profile, on the land use right involved to specific problems, such as the homestead and other issues not clearly stated. Based on this,this paper attempts to pass on the homestead land system of the origin and development,and the personality of the sort, the homestead land for a comprehensive,multi-angle interpretations,and raised on perfecting the legal system of the homestead land.This paper is divided into three parts:The first part had expounded the homestead right of use's general legal attribute and the mental disposition, discriminated the homestead right of use original legal appearance, the paper had thought the homestead right of use was an independent with the profit real right, the application uses the profit real right the theory construction related legal regime. The second part sorts out the homestead land system of the origin and development, elaborated in the homestead right of use circulation's necessity, the feasibility as well as the scientific theory to this question's dispute,concluded that our country should be have the condition to allow the homestead right of use gradually to transfer freely.On this basis,we selected several areas to identify the current legal system homestead problems and implications.The third part in first and above the second part of research's foundation, creatively put forward the establishment of a regional view of the market diffusion of house sites and to improve the registration system and access to the system homestead, a reasonable transfer of income distribution mechanisms, the establishment of Homestead recovery and compensation system, improve the rural social security system and related measures such as household registration reform and other aspects of the perfection of the current legal system of homestead.