On The Legal System Of Transferring The Right To Use Homestead In Rural Areas

"Artists Village" of housing sales procedure create a great sensation, to declare the contract avoided in the end. However, the court of second instance judgment basis is worthy of scrutiny. Invalid the court ruling, embodies the principle of integration of adherence to the homestead right of use and the identity of the real estate. However, the transfer of housing in the homestead and the ground, always keeps plugging type of policy can not be truly safeguard the interests of farmers, can’t even bring positive benefits to society as a whole. The current two yuan divided land policy, has its rationality and necessity of the industrialization process in our country’s history, has played an important role in. However, after years of implementation, it tangled interests too many contradictions, and now has become an important factor to hinder the social and economic development of urban and rural areas, as research has shown, two yuan for the division of urban and rural land policy "contrary to the basic principles of the incentive compatibility constraint, resulting in the fierce competition of interests and sharp social conflicts, not only lead to great waste of land resources, but also may lead to serious economic, financial and social crisis" The countryside homestead right of use system is an important part of two yuan of division of the land policy, formed in the last century ten’s in 60, more than half a century in the past, the system has not made the adjustment and change, big but, along with the industrialization and the city continues to advance, the existing system has apparently can not adapt to the development of the social economy, in the face of social change and economic development challenges, only to the old system reform or is perfect, can take advantage of an opportunity. The construction of the system of the right to use consistent with the social and economic development of the rural residential land use right, enrich and perfect the homestead of original acquisition, according to the law to allow the homestead right of use circulation, thoroughly break two yuan in urban and rural areas division of the land-use mechanism, promote the coordinated development of urban and rural areas, protect the interests of farmers, be imperative. Fortunately, the Party Central Committee has put forward the strategic deployment and top-level design at the macro level. Eighteen plenary session decided: "to safeguard the peasant homestead usufructuary right, reform and improve the rural homestead system, choose some pilot, carefully and steadily push forward the housing property rights, guarantee the farmers mortgage, transfer, explore the channels for peasants to increase property income." The countryside homestead right of use system reform is the inexorable trend and choice, just what to change, how to change, also need through theoretical discussion and practice a lot.This paper is divided into five parts, the first part is introduction, firstly describes the "case and judgment results Artist Village Case", followed by the judgment of the court were reviewed, draws out the root reason will appear "Artists Village" case verdict is current our country rural homestead land use right circulation legal system imperfect, chaos due to, for the following pave the way for the discussion of China’s current legal system of the use right of homestead.The history and present situation of legal system of circulation of the right to use the second part of rural residential land, the author divided three stages to comb the right to use the rural residential land circulation law system, the first stage is the early days after the founding of the rural residential land private ownership of the right to the use of stage, forming stage for the second phase of twentieth Century to sixty in the eleven session of the China rural homestead, the third stage is from 1978 to the Third Plenary Session of the eleven as a starting point after the reform and opening up the countryside homestead right of use development stage.The real challenge third parts of the current rural residential land use right circulation legal system is facing, this part from the three aspects of the right to use the current prevalent in rural homestead, namely "hidden transfer" problem, "hollow village" problem, "small property room" problems in the reason, a serious gap between reveals the existing legal system of Rural Homestead Land Use Right and the real needs and does not adapt.The fourth part of the current rural residential land use right circulation legal system existing problems, from the five angles of specific reflecting the current our country rural homestead right to use the circulation system of the existing problems and shortcomings, further reform of the legal system for the potential transfer of use right of rural homestead provides theoretical support to be.To perfect the legal system of circulation of the right to the use of the fifth part of rural residential land. Found that the problem is not the purpose, to solve the problem is the fundamental, how to solve the "hidden transfer", "hollow village" and "small property room" wait for a problem, make the countryside homestead right of use circulation legal and orderly, only to allow the free circulation of rural homestead right to use and improve the relevant legal system and supporting system is the fundamental to solve the problem, the discussion on the part of the end, which is the core of this thesis.