Study On Transference Of Usufruct Of Rural Residence Base

The issue of transference of usufruct of rural residence base is an important proposition to rural economic development and urbanization in China. With the development of social economy, land, as a production factor, plays a more and more important role. While large-scale transference of usufruet of urban land has been carried out, Chinese law is tilting towards restricting transference of usufruct of rural residence base, which is against requirement of current times or realistic development demands and unfair treatment to rural areas and peasants. Basic theory of transference of usufruct of rural residence base as a starting point, integrating past and present investigation of transference of usufruct of residence base, this paper points out main problems existing in present usufruct of residence base, draws a conclusion that the restricted transference of usufruct of residence base should be unrestricted, and that usufruct of residence base freely transferred among common community members.Besides introduction and conclusion, this paper expands its arguments throughout four parts.The first part mainly concerns the basic theory of transference of usufruct of rural residence including the concept, properties and content of usufruct of rural residence and its characteristics. The research and discussion of the basic theories provides a theoretical foundation for the following detailed description of the transference of usufruct of residence base.The second part mainly analyzes the past and present conditions of the issue of the transference of usufruct of residence b, and points out many problems existing in the past and at present caused by restricted transference of usufruct of residence base, thus provides practical basis for how to improve the transference of usufruct of residence base in the following part.The third part primarily discusses the necessity of permission of transference of usufruct of residence base and methods of transference. The necessity has been discussed from the following aspects such as economic system, household registration systems of urban and rural areas, the development demands of property law, the promotion of land use efficiency etc. This paper mainly discusses the methods of transference of usufruct of residence base from its purchase and sale, mortgage, national collection etc. Also it points out the transference method existing in "invisible land market" and the transference methods after the transference is completely open.Integrating the above analysis and demonstration, this paper draws the conclusion that the usufruct of rural residence base should be permitted to be transferred, and the transference of the usufruct of residence base should be improved by the corresponding regulation of subjects, time limit, and registration of transference. At the same time, with the complete openness of the transference of the usufruct of residence base combined with the construction and improvement of relevant supporting facilities, balancing urban and rural development can be realized to protect peasants'interests.To sum up, according to the analysis in this paper, there are sufficient reasons to improve that permission to free transference of the usufruct of residence base confirms better to the current situation in China. Evaluated comprehensively, there are more advantages than disadvantages and many disadvantages can be made up and corrected by the construction of relevant supporting facilities. Although I have tried my best to finish this paper, there are careless omissions due to my limited theoretical level, I would be honored if I can get criticism and correction from the supervisor...