A Study On The Legal Regulation Of Usufruct Transfer Of Rural Homestead

The system of usufruct of rural homestead was established with the appearance of public land ownership. With the tremendous difference in urban and rural areas, usufruct transfer of rural homestead is strictly limited by the law and national policy. With the further development of the market economy system,the value of rural homestead is gradually revealed, and the transfer market under-background is growing more and more flourishing. The great contradiction between regulations and reality caused heated discussion about the legal regulation of usufruct transfer of rural homestead among scholars. This thesis attempts to expound the understanding of the history and the dilemma under the current system of usufruct transfer of rural homestead. Through the analysis on the legitimacy of usufruct of rural homestead and the transfer pilot in Zhejiang, Tianjin, and Chongqing, in order to put forward specific ideas about the legal regulation of usufruct transfer of rural homestead. At that time the system of usufruct of rural homestead can meet the realistic demands of social and economic development.The principle views are to agree with the legalize of usufruct transfer of rural homestead and the restore of its property features to manifest the value of efficiency, so as to maintain the proper benefits of farmers and to promote the coordination progress of coordinating urban and rural areas. The thesis is consisted of five parts in content. The first chapter and the second chapter is the therapy approachment about history and reality of usufruct transfer of rural homestead. The third chapter is the analysis of lawfulness and rationalization of usufruct transfer of rural homestead. The forth and the fifth chapter is the construction of the usufruct transfer of rural homestead. The details as follows:Chapter 1 is the preface of the thesis. This part starts from the importance of the usufruct of rural homestead. I introduce the research status and the meaning of discussion about the system of usufruct of rural homestead. This part is the origin of the topic.Chapter 2 is mainly about the historical evolution and realistic contradiction of the system of usufruct of rural homestead. Through the research about the history, I conclude that the system of usufruct of rural homestead should be consistent with the development of economy and society. Through the real case of judicial practice on land inheritance, mortgage, transfer, and the observation of the invisible market, super standard land covers and the phenomenon of hollow village in real life, I conclude that the limit of usufruct transfer of rural homestead cannot meet the practical needs. Then the question is self-evident.Chapter 3 is the proving of relaxing the system of usufruct transfer of rural homestead. I discuss this question in the view of different stakeholders. On the one hand, I am from the view of farmers, and conclude that the relaxation is benefit for their financing and the social protection. One the other hand, I find out that the relaxation helps to curb the invisible market and protect the cultivated land while I am from the macro point. Through the demonstration, the question of relaxing the system of usufruct transfer of rural homestead is answered.Chapter 4 is mainly about evaluations and analyses of the system of usufruct transfer of rural homestead which are being used in different regions and areas. Objectively speaking, the pattern of exchanging between the homestead and houses happening in Guangdong, Tianjin, Zhejiang and Chongqing exerts positive and negative influence. In this most innovative part of the thesis, I obtained the conclusion that the purpose of the 3 mode of Tianjin, Zhejiang and Chongqing is to obtain the city construction land index. It is different from the previous study which is generally introduction or greatly praise about the pilot mode. Also, it offers the foundation for the last part.Chapter 5 is mainly about the construction and improvement of the system of usufruct transfer of rural homestead. I discuss the three most controversial physical circulation, namely inheritance, mortgage and transfer system. In this part, I not only put forward the method to improve the institution, but also respond the contradiction in the judicial practice status in the second part of the thesis. I balance the gap between the public power and the private rights. Then, I establish the mechanism of income distribution, supervision, social security,as well as the benefit expression. All of these come into being the formation of the systemic method to construct the innovational mode system, which answered the question of how to transfer.