| With the rapid development of economy, urban and rural integration, the circulation problem ofthe house land-use right is taken more seriously. In China, the house land is the life insurance of900,000,000farmers. It is also their production and living materials. There are about400,000,000acres ofland in our country. The number is so large. However, according to the actual situation, our country is lackof agricultural acreage and resources. It is a waste of house land, which results in serious waste of resources.Because the exist of house land in our country is for the purpose of achieving the function of rural socialsecurity and being a kind of farmers’ welfare, the country has been strictly controlled the rural landcirculation to guarantee that all the social main body enjoy equal legal status and rights. But in real lifesituations, urban residents can rely on their legal right to use construction land and free trading to gainprofit and development opportunities, while farmers are bound on the rural land. The urban residents arenot treated as equally as the urban ones. Although they enjoy the right to use house land, they can’t freelycirculate it. At present, China’s relevant laws and regulations don’t allow the house land-use right tocirculate freely. They make less specific provision about the circulation problem of the house land-use rightin the “Land Administration Laws”, whether can transfer and how to transfer of house-land in thecountryside has always been the focus of controversy. Along with the development of the socialist marketeconomy, a large number of migrant workers go to the cities to look for jobs, which lead to a lot of placesof house-land in the countryside idle for a long time. A large number of so-called "hollow village" appear.The idle causes the waste of resources. The current legislation and the present condition of the rural landcirculation and the country’s economic development demands the contradiction, our country’s current ruralhouse land-use right system involves three related specific law and other relevant legal norms, mainly inarticle10of the constitution,"land management law" the sixty-second,"property law" article one hundredand fifty-two to article one hundred and fifty-five of chapter13. Laws restrict the flow of housing land useright, but in practice the land circulation of invisible market development are common, so it is imminent toimprove the legal system for reasonable transfer of rural housing land.There is a "free flow","limit circulation" and "no flow" three theories in our country. This article will mainly do some research and analysis based on the practical situation and of the rural land circulationin our country related laws and regulations. The house land-use right, as a kind of usufructuary right, cannot fulfill all of its full power, and then put forward to perfect the circulation system of housing land useright. Because of the continuous development of urbanization, the rural population into the city of many ofidle land resources in the countryside. It provides enough preparations for the transfer of housing land useright market. From the point of reality, the transfer of the subject matter exits. On the other hand, theestablishment of the market circulation is in urgent need. Open the limitation of the land circulationappropriately, provide more loose legal environment, have all the power of the usufructuary right lawsystem, clear the conditions of the rural land circulation, expand the scope of the main body of housingland use right, establish the price system of rural land circulation, integrate the efficient utilization of landresources to the greatest extent, safeguard the interests of farmers, promote the new rural social andeconomic development, realize the harmonious development of social economy. |
PDF Full Text Request