Study On The Transfer Of Usufruct In Rural Land

China is a large agricultural country, Residential land plan for hundreds of millions of farmers to settle down, only when the farmers can be stabilized, can the world be stabilized. This is determined by the condition of our country.Since the reform and opening up, with the rapid economic development and the Growing population of China, Then created a strong demand for Residential land, This led directly to the increasing of the area of rural residential land.In some villages,however,the villages move to the outside and leave the central areas of the villiages unused.Meanwhile,more people migrate to live and work in cities and hence use the land there.At the same time,they retain their residential land in their hometown villages,creating a unique phenomenon of one household taking two residential land.Hence,The relationship between Residential land and arable land resources became increasingly intensified. The state has adopted a more stringent means to control the excessive growth of Residential land. But still frequent in private transactions, All kinds of contradictions caused Local Government to promote experimental work for Residential land, It is a major challenge that how to block the source of the interests of local government.The author is a student from the countryside, For the frequent happened of Land use right transfer dispute,the serious waste of Residential land and the dwindling land resources, I feeling very strong,But in reality, the biggest dilemma is that the relevant legal resources and reality can not match. Therefore, the study for the transfer of usufruct in rural land, Through analyzing the evolution of history for the legal system and researching for the reality, And Further explore how to build the transfer of usufruct in rural land which should be fit with the market economy system.This paper is divided into three parts except the introduction and conclusion.Part one, researching on the basic theory of the transfer of usufruct in Rural land, Clarifing the concept,rights and legal characteristics of the usufruct in rural land, and discussing the nature of rural residential land use, analyzing the difference and connection between it and its similar concept, laying foundations for discoursing the transfer of usufruct in rural land later.Part two, Made a detailed analysis for the system of the current rural land use, carding historical development of the rural land use, Describes the dilemma of the current rural land use. And research on this issue at home and abroad in-depth discussion.And hiding the foreshadowing for the later discussing of the rural land use.Part three, On the basis of the previous discussed, Putting forward views and discussing the Preparatory work which is the necessary for the transfer of usufruct in rural land, Clarify the principle that the land use right transfer must be based on. At the same time, getting some suggestions for the basic pattern for the transfer of usufruct in rural land.Through the discussion above, This article identified the purpose of drafting the system of rural residential land in the protection of the premise of welfare, And to establish the basis of the rural social security system, Gradually open up the transfer of usufruct in rural land.Tring to retain the role in safeguarding for the usufruct in rural land in macro level and can become rich in a new way In macro-micro level ; giving full play to the Usufructuary property of the usufruct in rural land and rural residential,For the maximization of the interest of farmers.