Research On The Transition Of The Land-Use Right To The Countryside Homestead

2008 the Third Plenary Session of the party's 17 conference passed the "CPC Central Committee decisions of a number of major issues on rural reformation and development", specifically emphasized the significances of rural reform and innovation, strengthening the rural system construction in the new stage, above all the reform of the use right of rural homestead tenure is one of the important parts. Rural housing involves the vital interests of our farmers, related to the stability of rural society. Today, even if the Homestead system has been broken through the practice, but the theoretical debate is still ongoing. In our practice,a large number of disputes and conflicts have the links with the right to use the rural housing.Therefore, it has very important theoretical and practical significance to so the-depth study of rural residential land use right system, to use laws to make effective regulations, to improve rational distribution of rights, and to promote the rural homestead tenure use right system to run smoothly.In this paper, the concept of land use right of rural homestead and legal attributes and characteristics were explained, as clarify the concept of rural land use right and the legal attributes of rural residential land use right system for the core and foundation, is the right key to reform the existing rural residential land use. Land use right as an independent country-specific right, with more particularity, including the limited nature of the subject, the object of restrictive, so it was made free of the use of indefinite duration, survival, and the transfer of protective strictly restricted, and land rights, human labor power, urban construction land use rights. Through the analysis of land use right by existing legal regulation and specific flow patterns, the author has done a carding status. China's current system of countryside homestead lacks of existence of relevant legislation, proper government-managed, land resources, waste, hidden problems abound transfer market, and all of thses have made the state laws and regulations and social practice seriously out of line. Not only it will undermine the authority of state law, furthermore, it would damage the legitimate interests of farmers. Constructions of the theory and practice both have proved that the system of rural homesread tenure is necessary.To improve the rural homestead system and to protect land use right having reasonable, proper circulation, we should insist on rural homestead's guiding principles, and to determine the contents of the transfer of key legislation, to make transfer procedures standard, to explore a variety of ways of transferring rural land to make the establishment of agricultural population from the rural homestead exit, the reasonable compensation mechanism and benefit distribution mechanism. Set a reasonable mechanism for government,to make our establishment of the related measures to meet our homestead's actual needs,and to protect the legitimate rights and the interests of farmers,and do some benefits to the promotion of urban and rural development.