Study On Legal Issues Of Transferring The Right To Use The Rural Residential Land In China

The homestead right of use system originated in China in nineteenth Century 50, at the time, it carries the security for rural farmers in our country is a place to live function. Because lawmakers are concerned that farmers lose their land and thus lead to nowhere to live, so, in the circulation of the use right of homestead, has always adhered to strictly limit the transaction of rural residential land use right attitude. This provision is not only to solve the housing problem of rural farmers, and safeguarding social stability in rural areas to a great extent.With the implementation of urban and rural planning strategy of our country, more and more farmers out of the countryside, came to the city life, living. Thus, the homestead right of use to bear the guarantee of the survival task slowly weakening, but the law of our country is still strictly limited the homestead right of use circulation, so that land resources seriously wasted, the land value cannot be realized. The transaction but the homestead right of use is still is banned repeatedly more than. Thus causes the law to produce a serious disconnect with reality, continue to cause some problems.The process of urbanization in the deepening of the background, the existing homestead system has been very not adapt to China’s economic and social development. Therefore, the relevant legislation homestead right to use the system to be perfect.This paper is divided into 5 chapters to discuss the transfer of the use of house site system.Introduction: mainly discusses the purpose and the significance of the study, the academic research status about the homestead right of use circulation as well as there search methods and research contents.The second chapter first elaborated the homestead system elements, and the historical evolution of the legislation of our country land system are introduced.The third chapter analyzes the status of China’s current land use right circulation, and expounds the strictly limit the homestead circulation will cause problems.The fourth chapter is the necessary and reasonable explaining the homestead right of use circulation from the theory angle.The fifth chapter is based on the homestead right of use circulation exploration experience of local government of our country, for the rural homestead right to provide some relevant measures and Countermeasures of the reform of the circulation system of the specific use.