Legal Reflection On The Transfer Of Hunan Rural Housing Land Use Rights

Hunan rural housing land refers to households and individuals in rural areas in Hunan Province as the residential base and possession, use of collective owned land. Land use right refers to the rural residents for housing and ancillary facilities made in accordance with the law of collective economic organizations of the homestead, the right and residential land to the possession, use and limited sanctions, it is an independent country specific right. Circulation is to hedge and increment of the homestead right to use homestead in Hunan Province, the maximum efficiency of utilization of land resources, the legal procedure and the occurrence of transfer and lease rights changing activity. Legal Consideration on the transfer of the right to use homestead Hunan province refers to the analysis of the circulation system of the right to use homestead in Hunan Province, meaning, value, necessity and feasibility of exploration, put forward the idea of Hunan land use right reform. The circulation of the right to the use of Hunan Province Rural Homestead legislation there are social utility, property rights, low nominal legislation lags behind the economic development status, no standardized system, structural integrity problems and drawbacks of legal liability is not complete, resulting in land transfer contract disputes, the reform is to realize the rise of Central China, agriculture rich, to solve the problems of arable and adhere to the requirements of Hunan province. Beijing, Shanghai, Tianjin, Anhui, nine homestead right of use has important enlightenment and reference meaning transfer model. Reform and improve the rural homestead system proposals:first, the strict implementation of the "one of a house" and the homestead area of upper control policy. Second, strengthen land reclamation, strictly eliminate homestead, ease the contradiction between supply and demand. Third, the unified registration system of the right to the use of the establishment and perfection of the homestead. Fourth, extend the right to use homestead. In the first pilot, carefully and steadily push forward the housing property mortgage, guarantee, transfer, the homestead right of use have full property right. The reform of rural residential land use right must be based on the principle of equitable principles and voluntary, on the "property law" and the "land management law" amendment and perfection of Hunan Province, and improve the system of real property registration and land examination and approval system, improve the government to the homestead right of use circulation regulation efficiency.