Evolution Of Legal System Of Rural Homestead Use Right And Its Enlightenment

The countryside homestead right of use legal system as an important part of the legal system of rural land in China, its perfect or not related to the rural stability and social economy whether can orderly development. In2007the introduction of the new "property law" to the countryside homestead belongs to the usufructuary right one, but there are still scholars hot land rights and interests. The relevant provisions of the law does not allow the free circulation of homestead, in real life, it is often seen. Farmers transfer possession of land phenomenon. The scholars on whether we should open to the transfer of countryside homestead right of use restrictions we have argued for a long time, but lawmakers still did not put forward a better scheme. At present, in our country the right to use homestead the confusion in the market operation, there is no uniform standard, the homestead right of use the land resources can not be fully the value of its own, is not conducive to the maintenance of the normal development of the interests of farmers and the economic order.This article believed that, the countryside homestead right of use has the characteristics of commercial property, the legal system should be starting from the practical needs, to redesign the countryside homestead right of use legal system, both for the rural homestead play its commercial value, but also can guarantee the interests of farmers and maintain the market economic order and stability. Through analyzing the development course of the using right of rural homestead, discovery and fundamental factors which effect the use right of homestead law system evolution, puts forward and expounds on the right to the use of the homestead law system in the design process, should carefully consider the question, and proposed own viewpoint. Based on research and analysis of the thesis, on the legal system of right to use rural homestead, rapid development and security benefits the interests of farmers to socialist market economy, the spirit and the method to realize equity, justice and the promotion of economic development.