The Transformation Of The Circulation Of The Usufruct Of Farmers’ Curtilage

Because there has been many issues in rural areas like “hollow village” and“invisible market of homestead circulation”, and the central government continues torelease the signal of the agricultural land reform, the problems about the circulationof the usufruct of farmers’ curtilage have come into people’s horizons and attractedpeople’s attention. The legislation’ purpose of the usufruct of farmers’ curtilagewhich is “one household one housing land, welfare allocation, free to use” hasalready been short of incentive and ways for circulation of usufruct of farmers’curtilage.It exposes that facing the revolution of society, the circulation of usufructof farmers’ curtilage system is defective and out of date.To research on the circulation of the usufruct of farmers’ curtilage,we insist onthe way that firstly, we find the questions; then we put forward the questions; last butnot least, we solve the question. The paper search for the legislation of the usufructof farmers’ curtilage to summary the legislation and judicature’s path---the publicpower path basing on the distinction between right and power. Basing on theempirical study, the paper is in the help of the special legislation searching system,searching for the legislation and court judge. Then we analyze the logic of legislationand court judge to find the content of the public power path. Secondly, we find thehistory of the public power path to analyze the reason that the path come into beingwith the literature analysis method. Knowing the content of the public power path,we can research the limitation of it and criticize it justly. Thirdly,we search for idealstate of the circulation of the usufruct of farmers’ curtilage suiting on the society. It isthe private right path. Then, basing on the theory and legislation, we discover thelegitimacy of the private right path to prove that it is reasonable from public path toprivate right. At the same time,basing on the typical mode of the revolution of theusufruct of farmers’ curtilage such as the mode of Tianjin, the mode of Chengdu, themode of Chongqing, we form the system of private right path to overcome thedefective of the public power path.On the research of the transfer of the circulation of the usufruct of farmers’ curtilage, the innovation point is summarize the logical path---the public power pathto describe the fact of society from the legislation and court judge. The secondinnovation point the paper explain the content of the public power path and theprivate right which is helpful to research it deeply. The third innovation point is tomake up the legal loophole about legal dispute in the circulation of the usufruct offarmers’ curtilage. At the same time, in the help of tax, land use control andadministrative regulation to avoid the reduction of agricultural acreage and form agood circulation order.