Study On Reform Of Homestead Right Circulation

Right of rural homestead using is one of the most important property rights. The system of rural homestead formed in the binary system can not adapt to rural industrialization and urbanization development needs, and can not meet the requirements of optimal allocation of land resources. Since the 90's, rural homestead market is growing. The circulation of rural homestead can increase income of the collective and the farmers, and can protect farmers'rights and interests. But, the gray circulation disrupted the order of the land market. So the reinforcement of discussion on the circulation reform of the homestead using right is meaningful for establishing a rural homestead market compatible with the socialist market economy system.This study is based on the analysis and evaluation of the historical evolution and institutional change of the circulation of the homestead.using right,analyzes the rationality,the importance and urgency of the circulation from the Perspective of Institutional Economics, then elaborate the current constraints that practices and reform are facing from laws,rights,market and economic development.And taking this analysis as framework to study the Luhe and other region's cases to put forward the possible reform way and policy recommendations.Form the change of rural homestead use system, we found that rural homestead use system is formed in the binary system, history gives he the nature of sharing, welfare and security. Change of rural homestead use system is mandatory system changes. Second, with the rapid progress of urbanization, land value and potential benefits of rural homestead use system changing increase. Change of rural homestead use system becomes induced institutional change.The use of institutional economics approach is to demonstrate the reasonableness of the circulation of rural homestead. It is found that, industrialization and urbanization increase the value of the land and this becomes a driving force for circulation of rural homestead. The establishment of rural social security system weakened the security function of land. Overall, benefits far outweigh the costs in system reform, the circulation of rural homestead are the right path. But comprehensive reform still faces many constraints, therefore we need to summarize good experiences from other region's practices to found out the possible reform way of the circulation of the homestead using right.Many cities explore the rural homestead use system reform and form "Jiaxing Pattern", "Tianjin Pattern", and "Chongqing Pattern". These practices lead financial capital into rural and speed up construction of towns, but also meet legal difficulties, financial bottlenecks, and problems left by history.This paper takes Luhe district of Nanjing as an example to analyze the use right of rural homestead from the aspects of present, exploring of practicing, problems and causes.It is found that, disordered utilization and distribution, conflict of laws and large number of disputes exist in homestead circulation,but the project of boundless expanse of fertile farmland provided an effective approach,and the government is actively specifying and proceeding some reform exploring in the homestead use system.On the base of theoretical analysis and cases research, this paper Construct a set of rural homestead circulation system by improving the creation of rural homestead use right, lifting legal restrictions, improving the income distribution mechanism and related measures.