On The Reform Of The Transfer System Of The Right To Use Homestead In Rural Areas

Rural housing land usufruct,is owned by farmers on the purpose of building houses and ancillary facilities.In the course of celerity urbanization, on the one hand,the homestead provides the most basic housing security for the farmers.On the other hand,more and more farmers leave the countryside for the city.In urban and rural land resources are increasingly tense situation,some rural areas for many years without a home base, "one household one housing land” policy is difficult to implement;some of the rural areas have emerged " one household several housing land” and "hollow village”,which are serious waste of land resources.In addition,the crack of urban and rural binary opposition,unified urban and rural land market and the free flow of housing land use right is full of expectation.Therefore,the study on the system of the rural housing land usufruct,the introduction of market mechanism in the flow of the rural housing land usufruct,is a good opportunity.Rural housing land usufruct circulation regime is the core of the institution of rural homestead,the land circulation influence the people vital interest and the rural collective ownership.The land circulation not only help to shrink the gap between city and village in economic aspect,but also is a matter of national political stability and social harmony.But,there are some obstacle,such as legal lag,policy localization and limiting identity,existing in present rural land regeme in China makes the flow of housing land use right face some obstacles.Therefore,actively explore the country ground circulation pattern,and making innovative system in terms of the system of housing land use right,not only in favour of the intensive usage of land resourse,but also benefit to promote the farmers’ income, rural rich,accelerate the construction of city and village integration is of great practical significance.This article is based on the reality of the primary stage of socialism,through the way of " putting forward the problem, Analysiing the problem,neutralizing the problem”.Using material clear up, theoretical study and indeed survey,the using of law, economics and the rest theories,combined with the practical condition of China’s vast rural areas,comprehensive analysis of the existing obstacles and reasons for the use of inhabitant land usufruct system,and come up with new ways and safeguard measures to improve the system of village residential land usufruct.The so-called Rural Homestead Land use right transfer is refers to under the condition of the collectivity ground ownership remains unchanged,the obligee person put the land use right into the market,and from the buyer direct access to the proceeds of the transfer of rights.