Legal Problems Of The Rural Residential Land Use Right Transfer

The existing land use right system to effectively protect the farmers’ basic right tolife, to safeguard national arable land policy for legislative purposes, in a certain stageof history to achieve the desired results, the protection of the rural system. However, theeconomic development, social progress, the rural homestead system has failed to meetthe contemporary requirements of the farmers on the land, and restrictions on farmers’rights is becoming increasingly obvious, many of the deficiencies of the existinghomestead system also gradually exposed. Practice, more and more farmers at illegalrisk in private transactions of rural housing and the transfer of the homestead, raises anumber of trade disputes caused to the judiciary to decide cases without basis, theembarrassing situation of the award unjust. Therefore, the premise of the transfer ofland use right to build perfect homestead circulation system is a major issue wecurrently face. We have to change the Constitution, Property Law fuzzy requirements,does not require legal status of usufructuary of the property law of a chapter, a single setof homestead right to use the system for a section will cover the basic content of theland use right, including a legal authority and safeguards to promote the change of thehomestead system.Start with the basic concepts of land use right, explore homestead etymologicalsource, clearly the nature of the homestead on the basis to solve the basic theoreticalissues of the homestead. Survey for the local situation, and practice issues related torural housing and homestead invisible transactions and property room, and discusses theneed to allow Residential Land from China’s reality, and in the Residential Landinheritance and mortgage building systems to make their own point of view, theestablishment of homestead compensation for the use of the payments system, durationof the homestead to-use system, and to put forward their views on the basis of variousdoctrines, for different inherited the main distinction between the provisions of thehomestead deposit system in order to protect the fundamental rights of farmers thestarting point is the desired balance between farmers’ rights and interests and theinterests of the collective economic organizations to promote social and economicdevelopment in rural areas and urban-rural integration process for the purpose ofbuilding from theory to program a sound land use right transfer system.