Research On The Circulation Of Using Rights Of The Rural House Site

The rapid development of economy in our country determines the land thisimportant production resources demand increase. However, for the agricultural landsystem carries on the strict protection to the rural land has not been fully used, the ruralhomestead is a large number of idle. Homestead system is an important institution thatinvolves more than nine hundred million farmers settlement. The contradiction betweenSystem and practice need to be solved urgently, the current laws and regulations andthe invisible market of homestead right can’t synchronization, cause the transactionlack of legal regulation. Looking for a suitable homestead right transfer mode that canmake free homestead work as production factor, but also protect the farmers who lossland. This article except preface external contains five parts.The first part focuses on the history of the system of land use right and the systemoperation status and the existing problems. Historical evolution mainly from the angleof ownership change to describe. It changes from farmers’ private ownership tocollective ownership. Collective ownership is divided into two stages include paid useand free use, the author hope that through the homestead history study to realize theexisting system. Set up early the homestead right of use system has been unable toadapt to the rapid development of the market economy, in the actual operation, thereare many problems to be solved, this paper mainly introduces the "hollow village"phenomenon, one household, multiple housing lands, invisible trade problems.The second part, Author will from the theory foundation and significance find therationality foundation of the circulation of homestead. Theoretical foundation from thebasic legal theory part, based on the present system of legislation value orientationrefuted greatly, finally locating the homestead right of use system itself exists thetheoretical foundation of problems, such as the nature of the homestead right of use todefine and land ownership of unknown and now the most outstanding problems.Practical significance part mainly from the economic development to the land demandas well as to the peasants’ rights and interests safeguard two aspects show that landcirculation is a win-win policy.The third part will be at present in our country from three typical flow patterns of land, they respectively are Tianjin "homestead move rooms", Chengdu "joint house"and Chongqing "ticket" model. This paper will three models of basic concept,operation flow, the implementation situation, advantage, shortage and so on severalaspects to conduct a comprehensive analysis, through the analysis and comparison ofthe advantages and disadvantages of the various models place, for the perfection of theanimals below opinion.The fourth part will combine the three parts of the front of the results of theanalysis, and in the light of the main obstacles of land circulation of several majorfactors to improve opinions. In this part, will present their favorable circulation pattern,at the same time, this kind of mode need relevant supporting measures also will makethe comprehensive introduction, including the land transfer income distribution,farmers’ rights and interests protection and the homestead registration system and so on,writing emphasis will be on the farmers’ rights protection.The end of the article will according to the front several part of the content, to thefinal conclusion make a blanket sex, sums up the direction is guaranteed to collectiveall support under the premise of the free circulation of homestead.