Legal Study On The Transfer System Of The Use Right Of Rural Residential Land In China

With the rapid development of market-oriented economy, land is becoming animportant factor of production. Because of the special dual land system in our country,the urban land is made large of transaction orderly in market, while the transaction ofthe rural collectively-owned land, especially of the rural residential land is forbiddenand can’t trade freely so that the capital of the rural residential land into “sleeping”.However, owing to the demand for the production fund, the farmers as “rationaleconomic men” rush to danger to ignore the government’s regulations and laws,selling or renting the residential land, what’s more, occupying land wantonly inpursuit of greater interest. Disorderly expansion of the residential land resources leaddirectly the cultivated land to the non-agricultural tendency, that directly related to thebase line of1.8billion mu of arable land. The use right of residential land is the baseof farmers’ life. Whether it can be guaranteed is concerned to the harmony andstability of rural society and the sustainable development of rural economy. Under theimpact of the wave of marketization and urbanization, the residential land systemdisconnection between theory and practice has caused the academic and legalresearch. But the legislation about the residential land resources are very scarce, andin the academic research, there are many opinions in it’s feature, value and whethercan be traded freely, most of which are discussed in the framework of civil law. Thispaper from the perspective of “government intervention” in the economic law,combining with the basic theory of civil law, conducts the research to the relevanttheory and practice in the system of use right of rural residential land, and points outthat constrained by the inherent theory, pointed out that China’s current legislationrigidly adhere to the inherent theoretical, too old, do not accord with the developmentof market economy so it should be improved. While allowing the transaction of theuse right of rural residential land with the premise, the government should constructlegal regulation system including a premise set, standardization, distribution ofinterests and the related regulation and so on.