Study On The Circulation Of The Usufruct Of Homestead

The usufruct of homestead as an important component of the ruralland system,has been responsible for the function of providing socialsecurity for a large number of farmers for a long time.With the speedingup of urbanizationprocess and the implementation of the strategy ofurban and rural integration,urban space epitaxial continues to expand,thedemand for construction land is growing and the economic value of ruralland has become increasing,the problem of the circulation of the usufructof homestead has attracted great attention increasingly.The circulation of the usufruct of homestead,refering to theownership of the land remains unchanged and usufruct of homesteadtransfer,includes transfer,mortgage,inheritance,lease,shares and otherforms.Because the current legislation does not prohibit the circulation ofthe creditor’s rights form,such as lease and shares,this article discussesthe circulation limited to the transfer,mortgage and other property rights in the form of circulation.Current policy choices of national legislation are strictly limited tothe circulation of the usufruct of homestead and the circulation range islimited to the collective economic organization.There is a conflictbetween the widespread circulation of demand and fact inpractice,causing many problems.The current system of usufruct ofhomestead which can not adapt to the development of society andeconomy,needs to reform and improve urgently.In this paper,I use the research methods of historicalanalysis,empirical analysis,comparative analysis and follow the basiclogic of the framework structure of "ask questions-analysisproblem-problem solving".Full-text is divided into six parts.Introductory section mainly elaborats the origin of study on thecirculation of the usufruct of homestead,reviewing existing research,anddefining research methods and research ideas.Usufruct of homestead is an unique usufructuaryto China,showing obvious characteristics ofinherent law.The study on the circulation of the usufruct of homestead inthe domestic mainly focus on whetherit should release the circulation,theselection of circulation patterns,the establishment of transfer market andthe distribution of transfer income.The first chapter is the legislative situation of the usufruct ofhomestead.By combing the historical evolution and legislative situationof the usufruct of homestead,I summarize the main problems existing inthe current legislation,and through the analysis of the value orientationof lawmakers draw sympathy understanding type to the currentlegislation policy.The second chapter is the practical problems which limit thecirculation strictly leads to.Current law system limits the circulation ofthe usufruct of homestead strictly.It leads to withdrawal mechanism ofhomestead is missing,more and more invisible market and transactions of rural housing is not stable.The third chapter is the rationality of easing circulation.This articletries to demonstrate the rationality of easing the circulation from bothpositive and negative aspect.On the one hand,I justify the rationalitythrough the inevitable logic of equal protection of the two land propertyrights,property attributes,relaxing circulation benefit to farmers toincrease the means of financing and the inevitable requirement ofsocialist market economy,these four perspectives.on the otherhand,demonstrating the rationality by refuting the circulation prohibitedfor social welfare and easing circulation will endanger the cultivatedland resource,which is the interest demands of powerful groups,leadingto displacement of farmers.The fourth chapter is the empirical mode analysis of the easingcirculation of the usufruct of homestead.In this paper,I selecte the modeof land change rooms about Tianjin and mode of dipiao about Chongqing.By analyzing the operating mechanism and legal issues ofthe pilot model,I summarize the successful experience and limitations,inorder to providing experience for reference for the improvement of thesystem in the future.The fifth chapter put forward the proposal to improve the system ofthe circulation of the usufruct of homestead.This section is the logicfoothold of study.On the basis of the analysis and argumentabove,according to current situation of our country realistic nationalconditions and land use,I think we should relax the circulation of theusufruct of homestead and put forward three basic principles whichcirculation should followed.On this basis,the circulation of the usufructof homestead of the concrete system and related supporting measures aredesigned and arranged.