Research On The Transfer Of Rural Residential Land Usufruct

The rural residential land usufruct is a very important right in the farmers’ land rights. It iseffective to protect the right of residence of the farmers from the original intention of the ruralresidential land usufruct. And it has played an active role in social stability in rural areas. Withthe rapid development of the market economy, there is much of the rural homestead idlesituation. In practice, there is large number of private transfer on residential land usufruct inmany villages. The function of rural residential land usufruct is no longer limited to the scopeof the protection. But we have also known that: the market on transfer of residential landusufruct is very hot in practice, but there is no conclusive on the mode of the transfer ofresidential land usufruct. The law is also not clear in rural residential land usufruct. Releasingthe restrictions on homestead right is helpful to promote rural economic development, socialequity and justice.The current system of rural residential land usufruct enters the real dilemma. One hand,the contradiction of homestead idle and sprawl is reality. The other hand, there is the needs ofrural development, the desire to get rich and the helplessness of homestead right to financing.It is constantly calling for a complete usufructuary rights on residential land usufruct. Thisarticle summarizes and analyzes the problems on residential land usufruct in practice. Then,we propose to improve the rationality of residential land usufruct. Finally, we makes the ideaabout how to improve the transfer of residential land usufruct on legislation in our country．.