Analysis On The Transfer Of The Residence Land Use Right

China is a big agricultural country in the world, the wealth of the land is important to farmers, not only for production, livelihood, but also provide shelter for farmers, in our country, Residence land use right has the nature of the social security, Established in the collective-owned land use right of the homestead residence is an important guarantee for farmers, the right for farmers to settle down. For the transfer of residence land use right, our laws have not been clearly defined, for this problem, both in theory and practical aspects exists multiple controversy. Residence land use right is established in the collective ownership of land usufruct, the "Property Law" was introduced in2007, the nature of the Residence land use right of private property rights were specified, But for the transfer of Residence land use right, the law didn’t clearly defined this problem. Under the principle of Phased release Residence land use right transfer, strict conditions, allowing the Residence land use right into the market outside of the collective economic organizations, in the form of transfer, lease, mortgage, shares. It helps to improve the efficiency of rural land use, protect the legitimate rights and interests of farmers, to promote rural economic development, urban and rural development, which will help maintain stability and harmony in rural areas, to avoid the waste of land resources. Residence land use right enters the market reflects its usufruct property rights of its nature, return to the essence of proprietary.In addition to this article preface and epilogue, composed of five parts, namely:The first part, an overview of Residence land use right. This part introduced the concept and features of residence land use right for a detailed description, and the Residence land use right and the right to the contracted management of rural, urban construction land use rights were compared to distinguish. Besides, this part describe the historical evolution of residence land use right of the main stage, including three stages of development, ownership homestead stage, the formation stage system of Residence land use right and residence land use right.The second part is the transfer of the residence land use right. In this part analyze the transfer of the residence land use right from three different aspects. Firstly, this part introduce three different doctrine of it, namely, prohibiting the circulation, restrict circulation and the free flow of circulation.Secondly, analyze the status of the transfer of the residence land use right and the problems in it. Then described the transfer of the residence land use right in practice.The third part, the trial and exploration of the residence land use right. This section introduces some representative of the practice of housing land use right transfer, including Chongqing, Jia Xing,"land changing hanging" policy and other three different modes.The forth part, strengthen the rural land circulation system of law and system construction. This part from two aspects of the land circulation system construction, mainly introduces the bases in the process of circulation of stick to principles and train of thought, and allowing the related system construction in the process of circulation of residence land use right.