Study On Homestead Right Circulation

New rural construction is in full swing in the context of integration of urban and rural development, many villages formulate development plan with their own advantages. at the same time, rural land use right transfer and transactions have taken place in various forms. Due to the rural homestead right doesn’t get legal "flow" in the sun shine, not only make the farmers’rights and interests damaged, but also the land, which is a kind of scarce resource, is not conducive to optimizing the configuration. Improving land use right transfer system, is related to rural economic development and social stability.According to the Constitution, land use right can be transferred, the land here is not specified urban land or rural land."Property Law" which is promulgated in2007also provides land use right and power with a special chapter, reflects the importance of the law of the land use right, land use right as an independent usufruct, including four kinds of power:possession, use, income, transfer. In addition, this Act also provides that the transfer of land use right is applicable for "Land Management Method" etc. laws and the state relevant provisions, which also leave the space to improving the transfer of land use right. In2014Central first document presented that we can select a number of pilot projects, carefully and steadily push forward the farmers housing property mortgage, hypothecation, assignment, under the premise of guarantee the farmers homestead usufruct. When peasant housing property is transferred, land use right will transfer subsequently.Legally, there is no clear boundary between the government ownership, collective farmers and peasants, so that the village collective land rights are further blur. In reality, market is not involved, neither the local government take expropriation homestead for the purpose of public interest, nor the farmers transfer homestead in private in a small scale. This government-led rural house building management approach widen the gap between the village and the village, the villager and the villager, to some extent, intensify the conflicts between the villagers and the government, villagers and village cadres, homestead expropriated villagers and buy a new homestead villagers.Therefore, make a clear homestead property ownership, give it full ownership power,promote its circulation in market, is an effective way to resolve existing conflicts.This thesis is based on the survey of villages in Wangyizhen town, Anlu City, Hubei Province, we get some problems feedback in the process of farmers building new rural housing by this survey, and we analyse the underlying reasons behind these problems and contradictions with case analysis method, give ideas and suggestions to improve the rural homestead use right circulation system.