Exploration In System Of Exchanging In Rural Residential Land Use Right In Our Country

"Small property house" originally existed between 1990 and 2000. Actually, it resulted from developing economy. At that time, when economy was the most important thing, our scholars and government had not paid much attention to the "Small property house". Recently, with the developing economy and widened construction of the city proper, "Small property house" is becoming more and more, which is built here and there in our country. From the time, when "Small property house" appeared, to now, dispute about it has been going on. "Small property house" is the result of exchange of collective rural lands in secret, which contain collective rural house base. Through the law about the exchange of " Rural residential land use right", we can know that "Small property house" is illegal building, which violates Land Management Law, Property Law, Contract Law, and so on. Recent years, the contradictories between prosperous "Small property house" and our law have been so serious that how to solve the problem successfully about "Small property house" is more important. To solve the problem successfully about "Small property house", we must study our law deeply on the system of collective rural lands, which is the foundation of "Small property house".At the beginning, this article will lead into a case about a deal on house which was constructed on Rural Housing. Then, the article will analyze our law about the exchange of "Rural residential land use right" in theory by using Marxist theory on material and viewpoints, Property Law and Law of Succession, and so on. Finally, I will raise my suggestion on legislation and system, which is about the system of exchange of "Rural residential land use right" and administration in present "Small property house", by researching the problems which exchange of "Rural residential land use right" related to.The text has three parts, beginning with a case.The first part's mean idea is the introduction about distinction in related concepts of "Rural residential land use right". In this part, I will introduce the concepts of Rural Housing, "Rural residential land use right", the exchange of "Rural residential land use right" and the "Small property house".In the second part, I will analyze the situation of exchange of "Rural residential land use right" in our country. At the beginning, I will introduce the present basic system on the exchange of "Rural residential land use right" in our country, and then analyze the basic system. Finally, I will point out the problems about the exchange of "Rural residential land use right" in our country. At the last part, I will explore to restore the law system of exchange of "Rural residential land use right" in our country. In this part, there are two subjects. One is the suggestions on legislation and the concrete system about exchange of "Rural residential land use right" in our country. The other is the law thinking about present "Small property house" in our country.