Study On The Nature Of Homestead And The Transfer Of The Homestead-use Rights

"Homestead" appeared in our country has all kinds of legal documents, is usually understood as farmers used to build the rural residential land, including housing, auxiliary and garden land behind the house. Based on the particularity of it, the nature of homestead and its circulation as the focus of the controversy has been changed. This graduation thesis mainly analysis the nature and their way of use of homestead from two aspects, put forward views and suggestions to problems existing in the present society.Firstly, by collecting relevant materials, on the whole grasp the nature of the "homestead" and its circulation of relevant concepts, analyzing the different scholars on the view of such problems, combining with the emergence of the social status in the present, and put forward my own opinions. Secondly, based on the discussions above, referring to the homestead circulation’s elements which lead to the present analysis of homestead nature, and combining the relevant legal provisions and the current urban and rural land system in our country, from the identity of homestead use right, right of members, free and long-term aspects putting forward own views, break the traditional curing thinking, discuss from the objective reality of the social level and farmers, rural economy demand and development. Finally, from the aspects of the way of homestead circulation, affirming rights and etc, more detailed analysis of the current difficulties facing the homestead circulation and the corresponding breakthrough, combined with the whole thesis, put forward my own views and suggestions for the present problems in current homestead circulation and immature methods.Homestead use right shall belong to the scope of private rights, but now in its system design, the national public power intervene too much to the homestead use right, which directly affects its inherent and private rights, so that as mentioned in this thesis formed many contradictions on the applicable law, Land Management Law and Property Law conflict on certain issues and so on. The current system of homestead use right is rooted in the planned economy era, weaken the administrative color of homestead use right, restore its nature as usufructuary right, is the first step to reform the existing system of homestead use right. The analyzing process and conclusion of this thesis, for the current existing problems of the nature of homestead and its circulation and the related controversy, have certain reference significance.