Study On Rural Housing Land Use Right Transfer System

Rural homesteadright of use is an important property right for Chinese800million peasants and primary safeguard for peasants’ livings.To rural collective economic organizations, rural homestead right of use is a usufruct derives from rural collective land ownership and an important material foundation.To nation,rural homestead right of useis an important component of landresources and its transfer have the direct relation with effective use of land resources. The transfer of rural homestead right of useis prohibited by existing law, which conflicts with the fact that transfer occurs practicallyand triggers many social issues, so the existing law is not suitable for the present economic and social situation and need to be reformed and improved. Through comprehensive application of legal, economic and historical knowledge and methods,the article analyzes the existing transfer rulesof rural homestead right of use and investigates the issues derives from transfer and explorations, then put forward creative ideas about the reform and innovation of transferrules of rural homestead right of use.Adopts the method of combining the theory and practice,analyzing present legislationof transfer of rural homestead right of use, existing issues and theirs reasons, pilot cities’ practical explorations,the article puts forward the concrete ideas about improving the currenttransfer rules of rural homestead right of use.Except the introduction, the article has four parts, summary of the current legislation of rural homestead right of use, analysis of the existing issues and theirs reasons, practical explorationsof transfer ofrural homestead right of use, proposals of improving transfer rules of rural homestead right of use.First part, summary of the current legislation of rural homestead right of use. Through combing the current legislation of transferof rural homestead right of use, including constitution, law, administrative regulation and department rules, summarizes the issues of current legislation.Second part, analysis of the existing issues and theirs reasons transferof rural homestead right of use. First, put forward several primary issues, which include thatthe lag of legislation of transfer of rural homestead right of use could not satisfy the practical living, transfers in invisible market damage collectivity and peasant rights, the ownership is not clear and register system is not perfect,thenacquire an overall and detailed understanding about existing issues, second, discuss the reasons which are the result of illegal examination and approval, drivingby economic interest and great demands.Third part, practical explorations of transferof rural homestead right of use. Through analyzing the method of Jiaxingrural homestead right of use exchanging housing or currency, Tianjing rural homestead right of use exchanging housing, Congqing homestead right of use to ticket transaction, summarizingthe innovations of the above pilot cities, the article providesexperiences for improving transfer rules of rural homestead right of use.Four part, proposals of improving transfer rules of rural homestead right of use. The article puts forward transfer targets of protecting cultivated land, reasonable and high-effective use of land, clearing ownership and balancing urban and rural development,and principle of benefits first and taking fairness into consideration. The article discusses the formulating of transfer rulesof rural homestead right of use, including transferor, transferee, transfer object and transfer mode. In addition, the article also put forward the ideas about inheritance and repurchaseof rural homestead right of use.