The Studing On The System Of The Right To The Rural Resident Land On The Village Of City

With the speeding up of the process of city, city construction land expanding, expanding around the city, resulting in the city surrounded by rural pattern, forming a special economic development trend of the city village under. Since our country is long-term in rural areas, urban and rural two yuan management system, rural long-term practice is different from the city management system, this system can better protect the legitimate rights and interests of farmers in the reform and opening up, but in the process of city under the background of the times, this system only serve to hinder the development of rural economic barrier. The village in the city because of the lack of unified management system, the ecological environment in rural villages of this special mode is not good, and give security has brought the adverse factors. The development of the city, city real estate prices increasing, allowing farmers to see considerable interest homestead brought. However, China’s "land management law","property law" and the policy has been on the circulation of Homestead Land use right to prohibit the attitude, there are many policy and legal obstacles make the homestead right of use circulation process. Although the legal policy of the homestead right of use circulation has been prohibited, but this ban can not effectively prevent the peasant private transfer homestead use right. According to the survey shows that, in China’s rural areas for a long time the existence of a large number of idle houses,"more than one house" as well as the homestead right of use in private transactions phenomenon.In fact, since a large number of surplus rural labor pouring into the city workers, entrepreneurs, some of them people want to settle in the city, but because the transfer of the right to use homestead law policy restrictions, which prevent subsistence farmers lost the most important financing way, which is China’s policy and law banned the use right of homestead circulation of more than more. In the face of the development of city, the integration of urban and rural areas is the inevitable trend of the future, our country law and policy are no longer the transfer of the use right of homestead limit, but improve the legal provisions in the premise of circulation of the transfer of the right to use Homestead Land under the homestead right of use, guidance from the legal and institutional levels to legitimate circulation. In this village case as the object, starting from the analysis of urban village characteristics and malpractice reason exists, then analyzes several existing on the land use right transfer theory evaluation and Analysis on the necessity of transfer of the right of use of village land, and then to test model analysis of several on the transfer of the right to use land of our country, and finally to the legal system of circulation of right to use to improve our homestead is a series of analysis.