Research On Legal Issues About The Transfer Of Using Right Of Rural House Land

The land issue has always been the major problem of boat people’s livelihood,the homestead as an important part of rural collective land of China, also plays animportant role in economic development, current land of China use right system is theresult of historical development and the accumulation compatible with our country’spolitical and economic background. Along with social progress, economicdevelopment, especially the establishment of market economy system, existing landuse right transfer system, has violated the rules of market economy, limiting thedevelopment of rural economy, resulting in a waste of idle land, while also damagethe economic interests of the peasants.In this paper, the theory of the system of land use right, insist on deeper into thetheory with practice and research methods, based on the basic national conditions andenvironment of China for rural economic development, and try to identify newapproaches and new rural land use right transfer of way out.The first chapter introduced the concept of land use right of China, the nature,characteristics, circulation and land use right transfer several doctrines analysis andthe pros and cons of consideration. And lists the different ideas of some scholars onthe nature of the land use right, one by one analysis, the most reasonable conclusion.The next discusses the legal characteristics of the land use right, including the identity,administrative, unpaid and restrictive. And then discusses the circulation of severalland use right, including the transfer, mortgage, inheritance, the collection andacquisition of shares in several ways. Finally, several existing homestead transfer ofthe right doctrine is reviewed, and clarify the author’s point of view.The second chapter describes the historical development of land use right ofChina transfer of. Including analysis of the historical evolution of the transfer of landuse right, the relevant provisions of land use right of China transfer analysis of thestatus and the current legal system of land use right transfer. The third chapter is devoted to the problems in Housing Land Use Right Transferof China. The transfer from our homestead right to use the legal system is imperfectand system constraints two aspects of land use right transfer of talking about.The fourth chapter describes how to improve our land use right transfer system,First, the feasibility and necessity of the land use right transfer of analysis, followedby corresponding to the third chapter of the issues targeted improvementrecommendations.