Research On The Legal Issues Of The Circulation Of Usufruct Right On Rural Residence Land In China

China is short of homestead resource and it is the guarantee for thesocio-economic development of China to utilize and optimize the countrysidehomestead reasonable. The key to reach the optimal allocation of resources of thecountryside homestead is to find the solution by the study on the legal issues of thecirculation of usufruct right on rural residence land. By the research, we can get abetter insight the concept of the circulation of usufruct right on rural residence landand fulfill it. In addition, the research is also with practical significance to guide us inthe optimization of the circulation of usufruct right on rural residence land.China is the large agricultural country in the world since time immemorial, andthe land is the top priority for the living of hundreds of millions of farmer. Therefore,the countryside homestead affects the harmony of human and nature, and it is the keyfor the implementation of the strategy of sustainable development. In China, thecirculation of usufruct right on rural residence land is strictly limited to protect arableland resources. However, the disadvantages have been arising in China along withthe establishment and perfection of the market economic system, such as the"Hollow village" phenomenon is widespread, the idle land can’t be optimized,farmer’s house as their private property are banned to trade while the soaring houseprice and the farmers are lack of finance. The current law has not promulgatereasonable rules on the circulation of usufruct right on rural residence land, and thismakes the unlawful market of the "black-box" of the homestead becoming more andmore common. The paper analyzes the social problems of the current system ofhousing land use right, discusses the necessity and feasibility of establishing thesystem of the circulation of usufruct right on rural residence land, puts forward theidea of completing the circulation of usufruct right on rural residence land, looksforward to provide guidance for the establishment of the system of circulation ofusufruct right on rural residence land. The structure of the paper can be divided intothree parts:On the first part, the author studies the concept, nature, legal characteristics ofhomestead use right and the right range. Firstly, the author makes a clear definitionof the concept of homestead use right and reveals the lawful character of it. Secondly,the author analyzes the value orientation of the legal system and the nature ofhousing land use right by the way of comparative analysis, summarizes the legalright, providing the theoretical foundation for later study.On the second part, the author analysis of the current situation of homestead use right, reveals the problems with the method of empirical analysis. Then, two corelegal problems of housing land use right, namely the registration and the transfer ofhomestead use right, are discussed further.The third part is the conclusion of the paper. According to the study ofhomestead use right, the author propose a several suggestions to solve the legalissues in the circulation of usufruct right on rural residence land, consist of theestablishment of a legal system of paid use homestead use right, improvement of thelegal system of homestead use right registration, improvement of the legal system ofhomestead use right transfer, perfection social security system which is relevant tohomestead use right.