Transfer Of The Homestead Right Of Use

Rural land is not only the farmer’s home this, as well as the country’s "lifeline", theland has the property attribute and attribute of resources, decided theconstructioninevitably land right setting and land system with public and private lawconstraints.The homestead right of use circulation and its specification also has dualnature ofpublic law and private law, therefore, land use right is usufructuary right, butstill need the government’s moderate intervention is the circulation, so as tobettersafeguard the land rights of the legitimate rights and interests and ensurenationaldouble goals of public management of land resources.The current system of the use right of homestead arrangement has seriouslyhindered the development of rural social and economic productivity, but also againstthestrategic goal of balancing urban and rural development, therefore, to studysystematically the homestead right of use circulation problems, has the important theoryand practical significance, this article through many aspects of the homestead right ofuse circulation basis, the internal structure, and change thecirculation mode, todemonstrate the homestead right of use through theoretical and empirical dual mode,and the legal regulation of transfer of land use right for a more comprehensive andin-depth discussion.A total of six parts the main body of this paper.The first part is the preface, introduces the concept, the use right of homesteadnature, function and basic legal elements, provides a theoretical basis for the research ofthis article.The second part describes the system basis and step on the homestead right of usecirculation improvement, listed its circulation obstacle, the homestead circulation thisobjective problems in limited.The third part analyzes the various entities involved in homestead circulation, includinghomestead circulation of each of the parties, the collective economic organizations as well as thestatus of national interests three aspects, in order to facilitate a more profound understanding ofhomestead circulation state. The fourth part analyses the content and object of homestead right circulation,theanalytic structure of rights, the transfer of value, expounds the necessity andinevitability of the transfer.The fifth part introduces the principles and methods of homestead right circulation,and the connection between the two person perspective, the state transfer.The sixth part of a detailed study of the homestead circulation in the process modelof real right alternation, lack of acquisition, transfer, elimination from the three aspectslisted the related system, the specific solution from a legal point of view.