Use Right Of Rural Land Circulation System

The homestead is the majority of farmers to settle down in the country, land use right of peasant land right is the fundamental right, land use right system is reasonable, advanced, directly related to the vital interests of farmers, affect our country socialism new countryside construction and urban-rural integration. China’s current land use right system is the child of planned economy times, having very strong social security, with the development of society and economy, the function of social security has been slowly weakening, need to give full play to its property. Therefore, the use right system of rural residential land in particular to limit the free transfer has not meet the requirements of the times and the needs of the development of reality, and reality exist many contradictions and conflicts, reconstruction of the reasonable land use right system to be imperative. This article through to our country homestead right of use related concepts, characteristics, legal characteristics, historical evolution is elaborated as well as the restriction of rural residential land use right circulation of malpractice and the reality of the circulation of Homestead Land use right is the main mode and legal regulations were analyzed, discuss, put forward the reconstruction of China’s rural land use right the proposal of the system.In this paper, except the introduction and conclusion, is divided into four parts to discuss:The first part of the countryside homestead right of use is summarized. This part of the countryside homestead right of use related legal concepts, characteristics, legal features are described.The second part of the homestead right of use history and current situation to undertake an analysis. Firstly, combined with the various stages of the land policy and "3farming " policy, to our country countryside homestead from personal development to all collective evolution undertook combing. Secondly, analysis of the strict restriction of use right of rural land circulation problem. The third part of the current circulation of Homestead Land Use Right of the main ways and its legal regulation are discussed and analyzed. Because our country is taken "to go with the " principle, the circulation of Homestead Land use right basically is with the homestead house on the circulation and transfer of land use right transfer, alone in the judicial practice not to see more. So the author here only analysis of the homestead right of use with the housing transfer and circulation situation.The fourth part puts forward the reconstruction of Homestead Land use right system. One is the residential land use right system should adhere to the principle of " giving priority to efficiency, giving consideration to fairness" principle. The two is strictly homestead right of use initial acquisition system. The three is clearly in law the right to use house sites can be freely, and the circulation of Homestead Land Use Right of the scope, content, procedure and so on to make specific provisions. Four is to improve the system of rural social security.Allows the countryside homestead right of use the free circulation of more beneficial to farmers rights, effectively improve the income of the farmer, but also promote the integration of urban and rural areas and to accelerate the construction of new socialist countryside pace, more intensive and efficient use of limited land resources.