Research On Evolution Of Circulating&Transferring System Of The Right To Use Rural Residential Land In China

There are differences between legislation and reality of circulating&transferring of the right to use rural residential land. From the perspective of the reality of circulating&transferring of the right to use rural residential, Scholars Of civil law science think its relevant legislation now already can not adapt to the development of the economy and the society. So the reform is imperative to comply with the efficiency principle of market economy and maximize the benefit of land.From the legal history perspective, the author thinks recent circulating&transferring system of the right to use rural residential land accords with the principle of fair of the Chinese law.But it will change from the principle of fair oriented to the principle of efficiency oriented. That is to say, the right to use rural residential land will shift from limited circulation to free circulation as market factor.In this paper, we first introduce recent circulating&transferring system of the right to use rural residential land according to the Constitution, Administrative Regulations, departmental rules and local policy etc. By analyzing them,the author thinks that related legislation stresses the principle of equity. Secondly, this paper mainly introduces the judicial attitude and practice on circulating&transferring of the right to use rural residential land under the current legislation situation. It points out the conflicts between the legislation and reality. Although some places need transfer the land, China still does not have enough conditions to realize free Circulation of the right to use rural residential land. Thirdly, this paper points out that the cause of the divergence between legislation and reality of circulating&transferring of the right to use rural residential land from the macro and micro levels and analyzes the historical conditions of circulating&transferring of the right to use rural residential land. Fourthly, this part mainly offers suggestions, points out historical evolution direction and trend of circulating&transferring system of the right to use rural residential land, and stresses the problems which Should be paid great attention to during the reform.