Reserch On The Protectionon Mechanism Of Homestead Use Right

Land is the most important means of production subsistence. The issues concerning agriculture, countryside and farmers have always been the basic problem related to the people’s livelihood. Along with the development of market economy,how to fully, reasonably, efficiently use of land, labor and capital has become the focus of the reform of China’s rural land system. With the success practice in the regulation system of state-owned land, the protection of right to use homestead is worth thinking. Therefore, this paper aims to study the problems of protection of right to use homestead.The first part is about the basic problems related to the right of homestead use. The homestead is a unique concept in civil law of china. From the perspective of function, the homestead can only be used for living, not for the construction, farming etc. From the view of structure, homestead includes land for construction of residential and ancillary facilities. From the basic attribute, the buildings and structures are excluded. There are two kinds of theories about the nature of right to use the homestead,ownership and usufructuary right. The farmers have the collective rights.The second part of the article focuses on the protection of the transfer of the homestead use right. In this apart, by analyzing the related knowledge in economics and law to define "transfer". Generally, "transfer" refers to the property’s(property rights) movement and transformation. The form of transfer includes mortgage, gift, inheritance, reciprocity, bequest, etc. The common defects in transfer of homestead use right are legal loophole, houses with limited property rights, lack protection of farmers’ interests, weak government regulation. Therefore, on this basis, it is necessary for us to think about the reconstruction of the homestead transfer system.The third part of the article is about the protection of homestead expropriation. Based on the research of china and foreign law, from the perspective of comparative analysis to know the differences between the above land expropriation systems. Drawing on the experience of land expropriation in foreign countries, combining the current situation of China’s land expropriation to reset the land transfer system. For this goal, improving the collection of review mechanism, implementing the market pricing, regulating the collection behavior can be done.