Perfection About Homestead Using Right In Urbanization Process

Third Plenary Session presented eighteen promote urbanization process in China, improve the institutional mechanisms of the healthy development of urbanization. In China, the slow process of urbanization is an important reason for this is the land issue, especially in rural homestead is the problem of solving the problem of rural homestead system is good or bad directly related to the vital interests of farmers and the basic strategy of urbanization, sloppy can not. This article is from this basic fulcrum way to many problems homestead legal system under the background of urbanization as the basis for further discussion and propose specific system under the guidance of the Third Plenary Session of the CPC Central Committee and the spirit of the eighteenth homestead law The basic blueprint system.First, the basic theory of land use right to proceed, pointing out the relevant areas and unambiguous right to use rural homestead instructive legislation. Industrialization and urbanization process several times in the history of the world, the land issue is centered. The first task is to solve the land problem indeed, rights ownership and rationalize the rural nature of the land use right for the following chapters of this article solve specific problems were theoretically land use right bedding.Then, a systematic description of the practice of land use right and the legislative process and the status quo in the final elimination of the rights of the content and the right to acquire the rights, which partly explains introductory focused on. The latter part is further pointed out that the various parts of the problems set forth above for the operation of the status quo. The existing system of rural land use right of the following problems:one from the get level, the subject of rights is not clear, how to get confusing, there is no uniform requirement. Second from the right content, the corresponding rights project is not clear, how to exercise such a right does not make it clear that the legislative blurred. Three from the right to the ultimate elimination of speaking the same problem also exists.Third, the introduction intersection and interaction of urbanization and homestead system, further proposed to solve the problem is related to the homestead of a three-dimensional work, the right to obtain from the exercise and the right to destroy the contents of the three major aspects to consider. In the last paragraph of this article presents three perspectives:First, we must adhere to the people of rural collective ownership as a homestead, reduce state and government intervention in the homestead. Second, the Third Plenary Session of the corresponding eighth call to establish a unified rural homestead market, pave the way for future work transfer and mortgage the homestead. Finally, the level should improve legislation eliminate the homestead, a clear right to use several ways to eliminate the homestead, and determined.