Research Of The Legal Issue On The Transer Of Rural Homestead Usufruct

Land is the basis for the survival of farmers, rural homestead is carrying a farmer living in the social security function. The current system of rural residential land use rights established in the "interests of protecting farmers living and achieve home ownership," the guiding ideology. Since the reform and opening up, with the further development of the urban and rural economy, the existing urban-rural dual system has seriously hampered the integration of rural and urban areas, affecting the production and living standards of our people to play and market economy. This is because, in the process of urban and rural development, rural migration to the cities, more and more, especially in the rural homestead land is wasted, unused condition. On the one hand, these idle land resources cannot be utilized to alleviate the current urban land tensions; other farmers cannot be converted into the right hands to get greater value for money benefits. Accordingly, this paper agrees to allow the transfer of land use right perspective.With the further development of the market economy system, China’s gradual liberalization of land transfer market. At present, China has allowed rural farmland use rights transfer market, but China’s current laws and policies do not expressly allow the free flow of land use right."Property Law" as a landmark law established the usufruct land use right of the property, but the property of the form does not really solve the problem of the actual transfer of land use right Within the framework of the existing legal system, contradictions and conflicts and social reality demands strict restrictions on the transfer of land use right between the increasingly obvious, serious waste of land resources. It should be said, to meet the social development needs to achieve a free flow of land use right is the general trend. After the Third Plenary Shiba Jie, the meeting decided that " to give farmers more property rights. Safeguard farmers homestead usufruct, reform and improve the system of rural homestead, select a number of pilot projects, carefully and steadily push forward the farmers housing property collateral, guarantees, Transfer to explore channels for farmers to increase their income from property ", making the transfer of rural land use right is more clear and bright future. This paper clarifies the basic theory of land use right, its legal analysis, discusses the possibility and necessity of basic land use right transfer, combined with the existing problems related to land use right transfer and exploration experience, make a few perfect proposal. Will improve the basic system of rural land use right, unity, various supporting measures and rural land use right transfer of mutual cooperation, such as social security, the market circulation, household registration reform, etc., to better reflect the value of rural land use right, making the transfer process more standardized, given the complete rural homestead usufruct right to use power, and establish a viable system of rural land use right, which really safeguard the vital interests of farmers, rural economic development and lay a solid foundation to further promote urban and rural overall development.