Research Housing Land Use Right Transfer Problem

This paper the Homestead Right through the analysis of historical changes and thestatus quo, and leads to the rapid development of the market economy under the currentsocial situation Homestead Right legitimacy and necessity. Rural residential land userights is necessary to release the flow, the flow can not be unlimited. The HomesteadRight relationship further urbanization driven, also determines the tone of the constructionof long-term civil law."Land Management Law","Guarantee Law","Civil Law","Property Law" and other relevant existing law does not set up the appropriate provisionsto deal with the problems of the current phase. Interests is necessary at the moment, underthe premise of China’s rapid economic development, on the basis of both economicefficiency and fairness of procedures to ensure that all relevant subjects of rights by choice.The Homestead Right legal developments in both the protection of the rights of the ruralhousehold population, national public authority on private rights respected is the only wayof urban and rural social institution-building. Now the trend of social development is tochange the existing urban-rural dual structure, rural household population freed from theland, and guarantee the rights of the land itself has enjoyed is not the violation of publicrights and private rights is a top priority of the legislative. This study considered theproblem of institutional change, the introduction of some basic propositions of politicalscience, economics. Residential Land legislation is essentially confirm the fundamentalrights of the homestead property, from the determination of the dominant position ofownership, the right to use the main variation of the method to determine both. The trendof social development is to change the existing urban-rural dual structure, rural householdpopulation freed from the land and to ensure that the land itself has enjoyed rights againstviolation of public rights and private rights is a top priority of the legislative. In addition,in Residential Land at this stage the relevant legislation must take into account thedifferences in collective land and state-owned land, the homestead as a breakthrough in the transfer of collective land and collective land through legislation under the premise ofensuring the collective land and state-owned land differences formation of the circulationmarket.This paper has three parts:The first chapter is to write the historical changes and the status quo HomesteadRight. In view of the nature of the homestead right to use it usufructuary with nationalidentity. A clear distinction between its historical changes and institutional evolution ofthe system of state-owned land use rights. This chapter also describes the status of theHomestead Right as well as the formation of the homestead right to use the strictrestrictions on the transfer of the reasons.The second chapter is to analyze the the Homestead Right legitimacy and necessity.The Homestead Right legitimacy, more the necessity arises out from the first chapter ofthe status quo. This chapter discusses the different aspects of why should improve on thestatus quo of the existing Homestead Right.The third chapter of the main content is about the Homestead Right regulation andspecific system design. The turnover on the homestead right to use both to flow, and cannot be unlimited circulation. To ensure the ownership and control of the collectiveorganization for the right，to use the homestead. The requirements of the specific systemdesign flow have been commenced.