The Reform And The Perfection Of The Transference Of Applying Right Of The Rural Residence Land System

The concern of peasants is at the very core of the "three rural" questions which is the core issue of current China. And the essential problem is whether the rights of peasants can be really safeguarded. The rural residential land is an important part of rural land and also the most basic property rights of peasants. For a long time, China's distribution system without compensation of rural residential land, rural residential land use right is severely restricted.The system of rural residential land use right is an inherent system with a strong Chinese native characteristic during the planned economy period, which refers to the right of the owners to possess and use of the land collectively-owned by peasants via construction of residence as well as its ancillary facilities. It is of great importance, since it has a bearing on the living in peace and settle down to a quiet life for the millions upon millions of peasants in china. According to the laws and regulations of our country, the residential land shall be owned by a peasants'collective of a town and the peasants can only enjoy the right of exploitation. Whether there could be a free transference of the right to use residential land is a hot issues among the issues argued in the present theory circleAt present, the conflict between the rural residential land use right in china provided by law and the current state exists. Theoretically, the civil law admitted that the peasants possess the ownership of the residence as well as the requirement of the residence must bind with the residential land, which lead to the reciprocal contradiction as well as serious conflict between the restriction of legislation for the transference of residential land and the legislation of Contract Law, Law of Succession and other department law. In fact, with the tendency of urban-rural composition, the phenomenon of the inner-decaying village is becoming increasingly conspicuous, In suburbs, the secret backroom deals of residential land is quite popular and the invisible land market is growing in strength. Along with the establishment and development of the socialist market economic system, the course of urbanization and industrialization are progressing. With the market system of our country is developing and perfecting, land enters the circulation market as a special asset in market, which is inevitably modulated by market mechanism. The Property Law came into being in 2007 states that the right of residential land is one of the rights of usufruct, which laid a solid legal foundation for the transference of the country homestead use tight. The reform of Urban-rural Duality System and the perfection of Social Security System in rural China provide political foundation for the transference of rural residential land use right. This paper mainly analyzes the situation of the rural residential land use right in China. On this basis, it makes an investigation into the current situation of rural residential land use right in China and analyzes the disadvantages of the transference of the country homestead use right. Besides, it probes into the reformation of the system of house-site exploit transfer of existing reform model based and has summarized, and finally puts forward the suggestions to the circulation system of the countryside homestead use right.Apart from the introduction and conclusion, there are four charters in this paper, and the main contents are as follows:In chapter one, this article mainly analysis the general situation of rural residential land use right, and sets forth to the concept of rural residential land, legal feature and the circulation. It studies the history evolution of rural residential land system as well as the different opinions of the transference of rural residential land in the country.In chapter two, this paper analysis the current system of the transference of rural residential land use right. It explores legislative situation, as well as investing into the current states of the transference of applying right of residence land and analysis the causes. Besides, it probes into the disadvantages of the transference of the country homestead user. It also elaborates the necessary of the transference of applying right of residence land, the conflict between the residence land regulation and Judicature situation.In chapter three, this article draws a conclusion to collect and probes into the basic reform of the transference of applying right of residence land and several models. It analysis the advantages of the reform of transference rural residential land use right in the perspective of economy, legislation, society. It focuses on the transactions of the replacement of the residence land, the rural residential land in the centralized exchange and so on.In chapter four, this article proposes the way to perfect the transference of applying right of residence land. First of all, it has to explicit the basic principles of the transference of applying right of residence land and to perfect the system of the transference of applying right of rural residence land. Secondly, it clarifies the applying right of rural residence land with the characters of the real right for usufruct. Thirdly, it is necessary to separate the applying right of rural residence land and the ownership of the above ground floor area. Fourthly, establishing a system for compensated the applying right of rural residence land and validity system is necessary. The last but not least is to perfect the complementary system, mainly includes the rural social security system, the trade market of applying right of rural residence land, Urban-rural Duality resident system, the compensation system of the expropriation for rural land.