Study On The Circulation System Of The Countryside Homestead Right Of Use

Land is the basis for human's survival and development and it is of particular importance for a country with large population but small land area like China. The rural land plays a huge role in the millions of Chinese farmers' life, but the development of market economy and consequent accelerated process of urbanization are driving the population to cities, making the fuction of homesteads gradually weakened---that is, on the one hand large number of rural house-sites are left unused, on the other hand, the city housing demand soared and construction land decreased.Current laws and regulations which are heavily influneced by the planned economy and aim at protecting farmers' right of habitation limit the transfer of right of use of homesteads thus leading to the emergence of invisible market for the circulation of right of use of homesteads. Therefore, it is necessary and compatible to the current trend to modify and perfect the laws and regulation concerning the trasfer of right of use of homesteads in the Land Management Law so as to change the current invisible market into the open market where relevant laws are praticed, disorders and disputes are avoided.This article first disproves the views against the use right of land flowing and then fully discusses the necessity and feasibility of the transaction of use right of land. Finnally, this paper will propose some suggestions on perfecting the circulation system of the countryside homestead right of use after annalyzing the current situation of circulation of the countryside homestead right of use and its existing problemsThe body of this article consits of four chapters:Chapter one defines the concept of the countryside homestead right of use in China and analyses the different approaches on the nature of the countryside homestead right of use. By doing so, the paper redefines the countryside homestead right of use as a special real estate usufructuary right and concludes its main characteristics. The second chapter analyzes the different views on the circulation of countryside homestead right of use and refutes the opposition on the circulation countryside homestead right of use. In this chapter the author expounds the necessity and feasibility of the flow of use right of land and believes that the liberation of the countryside homestead right of use goes with the trend.The third chapter analyzes the present situation of the countryside homestead right of use and reveals the legal and social reasons for the existence of the invisible market of the circulation of rural land use right. The writer studis the unfavorable factors existing in the transfer of countryside homestead right of use.The fourth chapter proposes suggestion on perfecting the circulation system of the countryside homestead right of use after the theoretical and practical study on he circulation system of the countryside homestead right of use.