Homestead Land Use Right Transfer Research

Homestead land use right use the unique rural collective land ownership usufructuary, plays an important role in safeguarding the basic living conditions of farmers, and Social Security. Continue to establish and improve the laws and regulations of the state-owned land, the collective land still left many legal gaps, define the scope of the subject of ownership, collective ownership of collective land circulation and so there is no detailed provisions."Property Law" important farmers’homestead and buildings is only few words. With economic development, urban and rural integration process with the awareness of farmers’ property, the problem of transfer the homestead land use right would to be solved.Although the homestead right to use the usufructuary, but farmers homestead on housing ownership, housing and land belonging to different owners, farmers dispose of their own housing obstacles. Although the law does not support, many places have tried out homestead right transfer issues, this article will be further detailed analysis.In this paper, the analysis of historical and study theoretical inquiry, combined with advanced practices of foreign countries and other regions, give personal opinions on the transfer of collective land ownership system in the condition of our country about homestead:not to change the original homestead on collective land ownership, depending on different situation about homestead right transfer to decide weather retain the former homestead land use right, by way of paid use of the homestead, and solve the problem in its circulation. In a deeper analysis, the proposed homestead whether the transfer core lies not only in the law to be recognized, but also because the collective land ownership, and recommended the introduction of the nationalization of land, in order to fundamentally solve the contradiction of China’s land ownership. After a deeper analysis, the proposed homestead whether the transfer core lies not only in the law to be recognized, but also because the collective land ownership, and recommended the introduction of the nationalization of land, in order to fundamentally solve the contradiction of China’s land ownership.