A Study On The Circulation Of The Right To Use Homestead

As our country’s urbanization level develops quickly in recent years, millions of rural residents flood into city, problems like "residence with small property right","villages without residents", etc. appear, and thus phenomena which affect social order and stability in rural area are very common, such as rural land is wasted seriously, and invisible deal in housing land use right occurs frequently, and some people take up housing land more than their due area. Housing land use right circulation problem, imperial and critical, becomes the focus of the whole society and affects interests of individual, society and government. Analyzing all sorts of present chaos because of the circulation of housing land use right, the causes are varied from social and economic ones to legislation and enforcement ones.This thesis is intended to discuss whether the ban on housing land use right circulation should be lifted and how and meanwhile put forward proposals and suggestions to solve this problem from legal respect by using research methods of empiricism,history, literature and comparative study, and absorbing the research achievements in other subjects, which is called crossover study method. After ample demonstration, the author thinks the legal rule that bans housing land use right circulation should be changed in front of the reality. It is the trend to allow housing land use right circulation. But at present or in a long run, the overall lift is improper and should be moderate. Moreover, the problem of housing land use right circulation is not isolated and is closely related to problems of urban and rural integration, urbanization, population flow, the household registration management system and land management system,etc. Therefore macro consideration and the top-level design should be given when solving the problem and scientific, reasonable, comprehensive and integrated methods are needed.The thesis is divided into six parts:The first part is introduction which mainly raised up housing land use right circulation problem from the respective of reality.The second part mainly discusses the present situation of housing land use right circulation. In this part, problems in housing land use right circulation are introduced, such as villages without residents that leads to severe waste of land resources, some people’s taking up housing land more than their due area which result in unfair distribution of land resources, disputes among invisible deals in housing land use right circulation that affects social stability and the rural collective land ownership and farmers own interests being severely damaged,etc. what’s more, the reasons explaining the problem are analyzed.The third part is that the current countermeasures from all walks of life are clarified. The fourth the elaboration of the legal nature of housing land right circulation which covers its subject, its object, its historical evolution process and so on.Then, the fifth part consists of legislative suggestions on housing land use right circulation, where guiding principles and path are introduced.In the end, the sixth part is the conclusion. After the above analysis, the conclusion that the ban on housing land use right circulation should be lifted but the degree should be specially taken care of is made.