The Land Circulation System Of Legal Research

Residence base is the important component of rural collective land, while use right of residence base is one of the most important property rights of peasants. However, whether use right of residence base can be transferred has long been the focus of various sections of society.This thesis verifies the necessity and possibility of transfer of use right residence base on the base of introduction of institution of use right of residence base,analysis of legislation, justice and actual straits of transfer institution of use right of residence base. Then come up with the idea of adopting perfect legislation, justice and relative mating institution, pursuing reform with progressive pattern to achieve transfer of use right of residence base totally and freely and promote our rural economy development.The full text’s structure and content are as follow:The first section summarizes institution of use right of residence base. Mainly introduct the conception, the attribution of law and the character of law of use right of residence base and review the history of institution of use right of residence base.The second section introducts the actual straits of transfer institution of use right of residence base. Represent the defects of legislation, the obsessions of judicial practice and the present situation of transfer of use right of residence base and analyse the underlying causes in depth.The third section verifies the necessity and possibility of transfer of use right of residence base in our country.On the one hand, verify the necessity of transfer of use right of residence base.Discriminate two different ideas about transfer of use right of residence base and proceed from the reality basis of transfer to analyse the benefits of transfer, on the other hand, verify the possibility of transfer of use right of residence base.Mainly verify from the point of views of theory basis,law basis,justice basis and reality basis of transfer of use right of residence base to obtain the result that to transfer use right of residence base is not only necessory but also possible.The forth section comes up with the reforming sugguestion of the institution of free transfer of use right of residence base. First, to perfect legislation. Ascertain the value option of "giving priority to efficiency with due consideration to fairness", maintain peasants’legal right, meet the need of development of market economy and guarantee the legislation guide ideology of the steady of rural society. During buiding the particular law institution of transfer of use right of residence base, adopt the reforming patterns by stages. Adopt rent pattern of land with house to transfer in the preliminary stage and cancle restrictions of tenantry and finally achieve transfer of use right of residence base totally and freely. During transferring use right of residence base totally and freely, formulate definitely the conditions and patterns of transfer,cancle restrictions of transfer object, build obtaining institution with value and terminability and perfect institution of price evaluation and so on.Second,to build judicial strategies. Make sure the standard of dispute jugement of attorning, rent,mortgage and inheriting of use right of residence base.Third, to perfect relative supporting measures.Perfect the guarantee system of rural society,build institution of uniform estate register,reform urban and rural registered permanent residence and build the distribution system of transfer benefits.