On China's Rural Land Use Right Circulation

The homestead question is in the reality of laws legislation process one of biggest argument focal points. The traditional ideas believed that, the countryside homestead gives farmer's one kind of welfare as the country, has guaranteed the farmer's occupies has its "institute" the survival function, if allows the countryside homestead right of use freely to past, as the farmer lacks the enough judgment as well as the congenial behavior existence, surely can cause the farmer to drift away and affects the social stability. Also because the homestead right of use obtains has the certain status, free, does not have the deadline, therefore, advocated the prohibition or limits the countryside homestead right of use pasting. This article is for the purpose of from the theory and the practice embarks, makes to some wrong understanding clarifies, centers on which the pattern design which the countryside homestead right of use pasts the possibility, the necessity, to past the barrier and overcomes, pasts and so on four aspects, has carried on the elaboration and the proof one by one. And from this draws the conclusion: The countryside homestead right of use pasts theoretically is having the feasibility, has formed "the hiding market" in the reality, if "stops up" was inferior to "is sparse", our view regards this fact, speeds up the legislation step, establishes the countryside homestead right of use to past as soon as possible the system, pasts for the countryside homestead right of use provides the holding of law, practically maintains farmer's basic interest. The paper finally talks about the countryside homestead right of use to past is impossible to get it done in one action, but must proceeding an orderly way, must in persist the oneself inherent characteristic in the foundation introduces the market economy some principles toper form to consummate, finally realizes freely pasts.The article altogether divides three chapters besides the introduction and the conclusion:First chapter carried on the thousandth of a Yuan on the countryside homestead right of use some foundation legal matters to be clear, was one kind has its definition our country characteristic to use the profit real right; Introduced after new China had been established the historical evolution which the countryside homestead right of use pasts, pointed out pasts after the countryside homestead right of use carries on the limit is the historical fact which the 80's only then starts; Has carried on the evaluation to the countryside homestead right of use safeguard function, has clarified a basic question: Namely includes the survival safeguard the social security is national or its correlation organization's legal duty, is the historical reason creates by the land as the safeguard essential factor, but along with the economical development, the country has the duty to take other effective actions to guarantee the farmer enjoys including the housing, cares for the aged, the medicine guarantees the social security, has righteousness to be sure the farmer to live well.Second chapter introduced take the Beijing suburbs as the example the present countryside homestead right of use pasts the present situation and the existence question, had expounded from the social security system establishment and the household register system reform the countryside homestead right of use pasts the possibility ,from the real right development tendency, the market economy intrinsic request, promoted the countryside modernization three aspects to prove the necessity which the countryside homestead right of use pasted.Third chapter introduced the countryside homestead right of use pasts three big principles which must follow, pointed out how the present countryside homestead right of use does past four big barriers which exists and overcomes, Finally pasted the pattern on the countryside homestead right of use to discuss own view, namely: The initial period take "walks along with the room" as a principle, through establishes the countryside homestead right of use to rent the system, in legal, in the policy permission scope solves at present to past immediately the question; Then through establishes and consummates our country collective land employment right to past the system to realize the countryside homestead right of use freedom to past.