Legal Research On The System Of Countryside Homestead Usufruct Circulation In China

The countryside homestead usufruct system is a characteristic legal system of China. We take the rightfor the farmer's basic life safeguard, and make strict rules from the legal and policy aspect. According toour relevant laws and policies, homestead belongs to the Rural Collective Economic Organizations.Farmers can get the use right for their members identity, and use free for a long term. According to thecurrent policies, the circulation of the countryside homestead usufruct is strictly prohibited.But along with the economic and social development in China, a large number of rural people transferto town for education and job hunting, and lots of rural housings are idled. On the other hand, there's broaddemand for the rural residences in the market, which results in the invisible market of countrysidehomestead usufruct and the blank of law and management. So the restrictive policy on the circulation isuntimely.From the nature of the countryside homestead usufruct, it belongs to the usufructuary right. Modernideas of the usufruct are no longer confined to determine the ownership of things, but inclined to pursue thethings' use value and economic benefit. If the usufruct couldn't fully realize its property value through thecirculation, the effectiveness of the right doesn't work.According to the current law, the circulation of the countryside homestead ownership is strictlyprohibited, but there're no clear prohibitions on usufruct circulation. The bans of the usufruct circulationare based on some low level and efficacy normative documents in practice.In fact, the circulation system of homestead usufruct isn't constant. It is influenced by the politics,economy, productivity and other factors. The circulation system of homestead usufruct has experiencedthree stages in our country:"homestead belongs to farmers, it can be traded free","homestead belongs tothe rural collective economic organizations, rural housing can be freely traded," and "homestead belongs tothe rural collective economic organizations, rural housing trade is limited". We should adjust the circulationsystem of homestead usufruct to accord to the development level of economy and society.Because of the real need for the usufruct circulation, the private transactions have been widespread. Inorder to regulate the market order and supervise the trading behaviors effectively, Guangdong, Chongqing, Tianjin, Anhui and some other places put the usufruct circulation into practice, and have formed severaldistinctive patterns. Realizing the usufruct circulation can help to break the barriers between urban andrural, promote effective utilization and protection of land resources, facilitate the farmers financing andincreasing income, promote the rural economic development. But these practices are conflicting with lawsand state policies, so it is hard to promote further.Therefore, it is necessary to relax the restrictions on usufruct circulation properly and establish anorderly usufruct transfer market which is according to the current economic and social development. Weshould make a scientific usufruct transfer law system on the existing laws and policies foundation byperfecting the subject system, clearing the transfer object, carrying out the registration systemcomprehensive and enriching the circulation's form and content, so as to promote the usufruct circulationlegally and orderly.