Study On Legal Issues Of The Rural Homestead Usufruct Transferring

The rural homestead usufruct transfer problem is an important problem of China’srural construction. The rural homestead usufruct transfer degree related to the farmers’property rights and interests can be protected to what extent. Based on the empiricalanalysis of the rural homestead usufruct transfer and theoretical analysis, it concludesthe necessity of the rural homestead usufruct transfer. The combination of theoreticalresearch and empirical research, fully demonstrated the property of the rural homesteadusufruct transfer and the necessity of the rural homestead usufruct transfer system. Forthe rural homestead usufruct transfer pilot areas, the reform of circulation system of therural homestead usufruct transfer, and improve the supporting facilities of the transfersystem to provide guidance. Through the research on the evolution of the ruralhomestead usufruct transfer history, concludes the legal attribute of the rural homesteadusufruct transfer. Through the annalists of the specific provisions of the law, theproblems that exist in the transfer practice, law economic research, conclude thenecessity of the rural homestead usufruct transfer, establish and improve the supportinglegal system of the rural homestead usufruct transfer. The main contents include thefollowing aspects:The first part includes the historical evolution of the rural homestead usufructtransfer and the content of the rural homestead usufruct transfer. Exposition the differentstages of the rural homestead usufruct transfer: private land period, rural homesteadownership belongs to the collective period, farmer enjoys the right of use period,limiting the rural homestead usufruct transfer, limit the sale of housing sites. Based onthe theoretical analysis of the rural homestead usufruct transfer history, summarize thecurrent legal system and law characteristics of our country rural homestead usufruct.The second part includes three aspects: the theory of the rural homestead usufructtransfer, the legal basis and economic basis. First of all, through the theory of propertylaw on the rural homestead usufruct transfer and provide the basis, and using the relatedtheory of right on the ground, to analysis the rural homestead usufruct transfer. The ruralhomestead usufruct transfer is a kind of usufructuary right, its attribute belongs to aproperty attribute. It must enjoy the usufruct, including income, punishment. At the same time as set in the homestead right, also enjoy corresponding right on the ground.Secondly, analyses the market value of allowing the rural homestead usufruct transferby using the theories of law and economics. By the theory of system change and thePareto standard, explaining changes in the economic system, the legal system shouldalso make corresponding changes. Third, on the research on the present situation inacademic circles of the rural homestead usufruct transfer whether can be allowed,including the complete open circulation theory, strictly limited circulation theory andthe partial opening of circulation theory. Different views and reasons to clarify the threetheories, the three theories are summarized, put forward the point to break through theexisting rural homestead usufruct transfer restrictions, and complete open circulation.The third part includes two parts: the rural homestead usufruct transfer invisiblecirculation analysis and the pilot area of circulation analysis. First of all, has been theexistence of a large number of invisible circulation is based on the fact, discusses thedrawbacks and the invisible circulation ways. Secondly, discourse the experience of therural homestead usufruct transfer of the pilot area has been carried out in the practice.Including the market leading pattern, executive led "ticket model" model experience.Induction and absorb the experience and summarize the existing problems, especiallythe experience of the construction of rules and regulations, circulation institutionbuilding and the transfer of security system construction. Through the summary ofexperience of the pilot area of the existing rural homestead, cogent explanation the ruralhomestead usufruct transfers the feasibility and the necessity.The fourth part includes suggestions of perfecting the obtain system of the ruralhomestead usufruct transfer, the integration of urban and rural circulation marketbuilding, land system, housing security system, medical insurance system and pensionsystem. First of all, explore the paid use or the system of paid acquisition of the ruralhomestead usufruct transfer. Without changing the basic public system, if rural residentspay the royalties, farmers will enjoy more self-help punishment right in the ruralhomestead usufruct. Secondly, establish the integration of urban and rural circulationmarket. The separation of China’s rural collective ownership and state ownership ofurban land system will hinder urban and rural integration process, through theintegration of urban and rural circulation market can accelerate the process ofurbanization. Third, improve the mechanism. Allow the rural homestead usufructtransfer is strengthening the property right attribute and property rights, which is bound to cause some homestead safeguard power weakened. Through the establishment of thecorresponding safeguard mechanism, protection of arable land, reducing the circulationof farmers’ basic living guarantee effect.Through the research on the system of real property, put the rural homesteadusufruct transfer system in the economic development, combined the usufructuary righttheory, real estate transfer theory, the theory of institutional change and the pilot areaexperience, the real nature of the rural homestead usufruct transfer to be furtheridentified. Acknowledged the particularity of the rural homestead usufruct transfer inChina and the homestead system gradually reform, the gradual change of the legalsystem, as the practice of the homestead right of use circulation to provide legalguidance. At the same time the problem in practice will feedback to the change of thelegal system, gradually breakthrough for the improvement of the legal system to providepractical experience.