The Study On The Obtaining System Of Right To Use Rural Residence Land

With the development of economy and the progress of the society, the obtainingsystem of right to use rural residence land gradually exposes some inappropriatequestions. In order to adapt to the new situation of market economy, boost theurbanization process, and promote the idle rural residence land everything, the authorbases on my own life experience in the countryside and a number of scholars’research results in the field, adheres to the principle of "efficiency first, fairnessconsidered", uses the research methods of summarizing and innovation, and in theoverall level reforms and perfects the obtaining system of right to use rural residenceland.The full text according to the total and division writing is divided into four parts:The first part is the basic theory of the obtaining system of right to use rural residenceland. This part first introduces the concept, the legal nature of right to use ruralresidence land, because its legal nature determines the construction of the systemsrelated to the right; After then lists in the form the historical evolution of the obtainingbody, the obtaining way, the obtaining program of the right since the new China wasfounded; Finally summarizes the main characteristics of the system of right to userural residence land that protect both the living rights of farmers living and arable land,and are slightly different in different regions, makes detailed theory foreshadowingfor later revealing the problems which exist in the obtaining body, the obtaining way,the obtaining program building a new system.The second part is the existing problems on the obtaining body and countermeasures.This section first reveals three questions about the inappropriate obtaining body in thegeneral way, which the definition of "household" is not clear, the obtaining conditionsare not unified, and the obtaining body of the right is too single, then in the divisionway puts forward suggestions according to the problems one by one: clearly definethe concept of "household" that it is a family where there is no more than two(including two) adult male collateral relatives(son in law is regarded as collateralconsanguinity male), in especial areas exceptions are allowed"; limit that Only themembers of the collective economic organizations can apply to use rural residenceland; because of the equal rights of everyone, all of natural persons with living needsstrictly in accordance with land use regulation, can have been made to use the idleland by paying. The third part is multivariate chaotic situation of the obtaining way and reformingproposals. This section according to the "ask questions-analysis problem-problemsolving" basic idea, after analyzing the problem from the obtaining way such asinheritance, purchase, merging households, obtaining for free, and paying to choose asite to building the house, proposes part of the obtaining way of paid, whichcomplements each other and is both fair and efficient, and further elaborates thenecessity of the way fully: saving land resources, promoting circulation of right to userural residence land, etc. In the last, the specific implement measures, frompreparation to dealing with ending, on part of the obtaining way of paid ispreliminarily given.The fourth part is the unreasonable parts of the obtaining program and solutions. Thissection in the total and division writing, aiming at the questions about violatingownership principle, the lack of substantial examination before registration approval,the backward registration system impacting circulation in the future, etc, in theobtaining program, puts forward the reforms that the village collective economicorganization decides to set up the right to use the land for houses, Tu Guan Suoexamines as to substance, and the right to use rural residence land is truly effectiveonly after county land bureau registers and does the right.