Research Of The Legal Issue On The Transfer Of The Usufruct In Rural Housing Land

Land is the foundation on the survival of the people and the turnout basis of the weak. Usufruct system in rural housing land has alwaysbeen protecting peasants since new China was born. It has broughtsignificant social security effect. But for various reasons，such aseconomy，legal system, history and so on, the system itself and itsresults are full of loopholes. The fundamental rights and interests offarmers are faced with various threats and unprotected. How to solvethese problems is the most important task in rural areas. Today，againstthe background of shortening the gap between the rural and urban areasand building a new socialist countryside，solving these issues now assumeeven greater importance. Therefore, the author tries to make a in-depthstudy on the Usufruct System in Rural Housing Land so thatthe system of rural land use right,and hopes it will help to perfect thecomprehensive land system.In our rural areas，rural residents do not enjoy land ownership ofland,and only enjoy right to use. The system of usufruct right on ruralresidence land involves the peasants’ survival and the social stabilityof rural country. However, such an important system，there are fewsystematic researches.During the process of making the law of real right of our country，as to how to construct a land system in our country isa focus studied by scholars. However，even if under such an environment，the system of usufruct right on rural residence land can only be as anadditional content，have not receive the due attention. This article isdivided into three chapters.The first chapter is an overview on the Usufruct System in RuralHousing Land. First of all the author clarifies the name and concept ofthe Usufruct in Rural Housing Land and brings up a clear topic fordiscussion——the Usufruct System in Rural Housing Land. Secondly， theauthor further clarifies the topic starting from the nature andcharacteristics of the Usufruct System in Rural Housing Land.Chapter two analyzes the current situation of the system. This parthas combed regulatory files，such as main law，policy related to systemof usufruct right on rural residence land. Then, it analyzes the shortagesof China’s Usufruct System in Rural Housing Land of defects causes andsolutions.The third chapter is around whether the usufruct can be a free flowof expand. Through the description of the free flow of the currentsituation, analyzes whether the free flow should receive limited,and toseek more reasonable circulation patterns.In-depth analysis of our current Usufruct System in Rural Housing Land,I believe that, the rights should not be forbidden. China’s current systemban the circulation of the land use right, to a certain extent it’s inorder to protect the interests of farmers, but it is essentially underthe conditions of planned economy with a strong administrativeintervention, this system has been unable to adapt to the times demand,the rapid development of the socialist market economy, simply prohibitthe transfer of the use right contrary to the objective laws of marketeconomy, and only lifting the ban can be achieved to promote the interests of the socialist market economy run well and effectively protect andmaintain the collective members to make a win-win situation.Combined with China’s relevant laws and regulations and specificconditions, I think the circulation of the land use right could meet thefollowing three suggestions:First, distinguish the trading partners targeted, namely to establishthe main distinction between system.Second,define the nature of land use right transfer well.Third, clear mechanisms to develop the exit of the homestead.In the process of urbanization today, allow usufruct to free flow isboth the choice of history and the need of reality. However,it is astep-by-step process to establish and improve this transfer system.Generally should adhere to the homestead property of the State, and adherethat the right owned by the collective or farmers is the basic concept.Constantly sum up, in the legislative proven system constraints and normsguiding the transfer of rights to be gradually incorporated into the trackof the market economy.