Study The Legal System Of China’s Rural Land Use Right Transfer

According to the existing laws of ownership in rural homestead in the village collective ownership, and that the existing law as to whether farmers in real life appear in the homestead house built by the circulation can be no explicit prohibitions, did not specify whether can be transferred. But as rural phenomenon "small property room", "Villages" and other emerging trading house, to develop a comprehensive rural homestead right to use the transfer system has been imperative; and the planned economy period to develop free, sharing homestead use system can not adapt to today’s rural industrialization, urbanization development needs, nor the optimal allocation of land resources in line with our requirements.The author intends to basic problems of rural land use right to start, first of China’s rural land use right qualitative; Secondly, the status quo of China’s legislative system and practice of rural homestead to analyze, to arrive at t he current legislation and in practice exist many deficiencies; furthermore by a few representative pilot cities, conducted its practice of land use right transfer mode pros and cons analysis, lessons learned and practices; and finally to reform and improve the rural homestead use on the basis of this thinking recommend the right legal regulation.