Housing Land Use Right Transfer In China

In China, with the changing of time, the system of the use right of the house site aspart of the legal system of rural land is formed in the planned economy era. Althoughmodified for many times, it has always insisted on the orientation of the policy limithomestead right. This policy has far-reaching implications for the rural areas withpoverty and a large population by solving the housing problems of many villagers. As animportant social security, it maintains social stability of rural areas with importanthistorical significance. But now, the socio-economic situation in rural areas and theplanned economy era have been quite different with significant changes. With the marketeconomy system established and improving in China, the economy is developing rapidlyin China, the accelerating process of urbanization is speeding, the urban and rural socialsecurity is beginning to blossom out, the living standards of the rural villagers isimproving. A growing number of rural villagers go away from rural areas towards urbansedentary life. However, as the basic land system of the countryside, the system of theuse right of the house site stays. Restricting the flow of circulation is leading to seriouswaste and inefficient use of rural land, and serious problems of inequality of urban andrural land rights. Therefore, on this basis, to re-examine and review the system of the useright of the house site critically, there is no doubt of great practical significance in atargeted manner to resolve a rural homestead issues for the promotion of the economicdevelopment of rural areas.The main part will be divided into five parts to discuss the matter of the circulationof the right to use the homestead.The first part talks about the system of the right to use the homestead, its changes inhistory development, and the characters of the system of the right to use the homestead inthe current law. Then it points out the problems deeply that exist in the current system ofthe right to use the homestead.The second part expounds the academic circle’s main opinions about the circulationsystems of the right to use the homestead——the theory of the circulation restraint and the theory of free assignment. The author supports the latter and lists the reasons.The third part discusses the various obstacles that exist in the circulating use rightsof house site, mainly states the theory obstacles, reality obstacles, and law obstacle, thethree aspects, thoroughly.The fourth part introduces some useful exploration of parts of the transfer system,and sums up the experience and shortcomings, which provides a vivid and practicalfoundation for homestead use rights transfer system.The fifth part first analyzes the basic conditions of the homestead right of the usecirculating, and then discusses the changes with the reconstructed homestead rightsystem. At last, it proposed some suggestions for perfecting the system of the use right ofthe house site.