The Law Of The Land Use Right

With the comprehensive construction of a well-off society keeps advancing, solving the issues concerning agriculture, countryside and farmers has become an important task. The use right of homestead has attracted widespread attention too. And the drafting, open discussion and adopted of the Property Rights Law promoted it to be a hot issue. But at present people make big differences to it, the Property Rights Law will implement in the near future does not make any breakthroughs. The thesis study the use right of homestead on the basis of summarizing the relating literature, including following four parts:Part I, study the concept, law feature and the value orientation of the use right of homestead. First of all, identify the concept of the use right of homestead clearly; Secondly, reveal the law feature of use right of homestead by comparing with the use right of housing construction land; Finally, make the value analysis about the use right of homestead law system, and demonstrate that the system is orientation to protect farmers habitation and maintain rural residence order.Part II, study the formation of the use right of homestead system, analyze the reality of the system and the legal issues which exposed. Evaluating a system should clear the past of the whole system, so the thesis recall the establish process of the use right of homestead law system, show its actuality and reveal its legal issues.Part III, on the basis of the former two parts, research the registration and transference of use right of homestead. By analyzing the existing registration system deficiencies and the problem which caused, advocate the use right of homestead changes to take effect only when it has registered. It is to say, non-registration no change. About the transference of use right of homestead, the argument focus on the restrictions on the transference of rural housing within the collective economic organizations,there are agreement and disagreement academic perspective. The author approves the opinion that allows its transference without restriction, and upholds by analyzing from the legal values, the spirit of equality, the reality of the need and so on.Part IV, according to above analysis, in the conclusion section, bring out some suggestions to perfect the use right of homestead law system, including the establishment of the use right of homestead with compensation, perfect the registration system, improvement the transference system, and amendment the laws and regulations relating to use right of homestead system and so on.