Research On The Countermeasure Of Perfecting The Right Of Use Of Homestead In Hanjiang District Of Yangzhou City

With the accelerated development of urbanization, the capital value of land are increasingly apparent. The acceleration of urbanization must be accompanied by the development of rural land expropriation and house demolition. The government and academia do attach more importance to the certification and registration of the use rights of homestead as a result of the proceeding of land expropriation and house demolition. However, as the special nature of the homestead and the fact that government’s main emphasis is put on urban, there are still many problems when it comes to the use rights of homestead and its registration. Therefore, taking the Hanjiang District in Yangzhou for example, field survey the realities in certification and registration of homestead use rights, and in-depth analysis the problem and reason in certification and registration of homestead use rights. Then we are supposed to work out some suggestions towards them. It makes good sense politically and practically.Having reviewed the related literatures and theories, we define the certification and registration of use rights of homestead as a legal action of government departments. They firstly confirm the use rights of homestead, later record it in the books and issue land certification. Indeed the rights registration system is based on the mode of effective-registration. It includes four aspects: ownership definition, registration procedures, file management and database construction. Theories related mainly refer to land property rights theory, property rights theory and effective government theory.Taking Hanjiang District in Yangzhou for example, We demonstrated a survey towards the issue of certification and registration of use rights of homestead. Combined investigation with summary analysis, we find that the right registration have been repeatedly concentrated done, that the process of ownership definition is rough, that registration operation together with files are transferred and managed by the grassroots units, and that database of village cadastral is initially set up. Then this article concludes several problems existing in the certification and registration of use rights of homestead. Firstly, the system construction are not according to the local conditions. Then in terms of ownership:land division are not in specific enough, policy constraints is not strong, legislation is not perfect. Next in terms of registration process:staffing is not reasonable, informatization construction is far from perfect, registration review mechanisms also exist defects, And in file management, however, utilization of information is less efficient. As for database construction, we still have much to do in mechanism maintenance and updates.Based on what mentioned above, we put forward several suggestions to improve the certification and registration of homestead use rights. Firstly, both policy and rural conditions should be taken into account when ownership are determined. Secondly, in terms of the registration process, it is essential to establish a common accountability mechanisms and to optimize workflow. Then file management needs more normalization and informatization. Finally, database construction demands a better system for its maintaining and updating.