A Study On Some Problems Of The Transfer System Of The Right To Use Homestead In Rural China

The homestead, the village committee is authorized by the rural collective organizations according to certain standards, assigned to the collective economic organization members free of charge, for rural residents to build residential land of collective economic organizations. If from the point of view of rural land circulation related to the file itself, found problems in rural land circulation at the present stage in China is rather difficult, but the use of case analysis method to understand our country some related problems in rural land circulation is both easy and accurate. Although 18 third plenary session put forward, to establish a unified urban and rural construction land market, to farmers more rights to property, some local governments have begun to develop pilot projects, rural land circulation appears to be the trend of The Times.Reveals the present situation of our country land circulation, and put forward to solve these problems in the process of China’s rural land circulation solutions, in order to realize effective circulation, rural homestead law safeguard the rights and interests of farmers. Besides preface and conclusion, the main content of this paper is as follows:The first part is the case. Mainly introduces the dispute cases company v. CAI’s right to use house sites.The second part from the perspective of theory and practice to study the dispute focus, including academia controversial views and practices of different practice laid the groundwork for the third part.The third part based on the analysis of cases, extended out of the existing problems of rural land circulation in our country. From case can easily see, is our country homestead in the management of many many ills, unfavorable to the rural development and existence of the problem is quite serious. Such as relevant laws and regulations of rural land circulation remains to be further perfect, our country rural housing land use right circulation of related legal level is low and the system of housing land use right obtained has the unreasonable situation, the existence of these problems makes the rural building business disputes in judicial practice in law and reality into a dilemma between the requirement of the society.The fourth part through the above introduction to existing views, combined with our existing legislation situation, put forward the relevant suggestion to solve the problem. First of all, starting from the existing legislative and judicial to find a solution to the problem, proposes relevant Suggestions to construct the legal system of housing land use right transfer, and then are analyzed theoretically, and puts forward Suggestions for the construction of housing land use right circulation management system, finally from the perspective of market economy set up a homestead paid mechanism related Suggestions are put forward.