On The Reformation Of The Transaction System Of Rural Homestead Use Right In Our Country

The emphasis and difficulty is the countryside to build a comprehensive well-off society. We must settle the land problem first if we want to solve the three-agriculture problems. Land not only includes the farmland, but also includes the homestead.Currently along with the development of the urban and rural economies, the constant acceleration of industrialization and urbanization and the expanding of migration movement scale, the problems caused by transfer of the right to the use of homestead.The homestead is the base for peasants to build house, and also is the real right owned by the peasants. As a usufruct, the homestead ought to have been free transferred like other real rights. However, for the reasons of protection of farmland,security function of the homestead and safeguard the peasants’ interests, the existing law strictly limit the transaction of the right to the use of homestead. But there are many demands for the transaction of the right to the use of homestead in the society. As a result, recessive transaction and involuntary transaction are very common. There are contradictions between legal norm and current situation, which reflects the existing law of restriction the transaction of the right to the use of homestead can ’ t fit the development of the society.Thus, it’s very important to adjust and reform the relevant legal system of the transaction of the right to the use of homestead to meet the need of the development.The reformation is to prevent the vacancy and waste of the homestead, to safeguard the peasants’ interests, to solve the three-agriculture problems and to promote the development of the urbanization. At the present stage, the peasants reduce their reliance on productive income of the homestead and they have strong will to reform the transaction system of the homestead, and the perfection of the rural social security system is weakening the security function of the homestead step by step. Consequently,taken the necessity and feasibility for the transaction of the right to the use of homestead into consideration, it is the general tendency to reform the transaction system of the homestead.Because the complexity of the property and the involved interests of the homestead,if we want to reform the current the transaction system of the homestead, we must stick to the correct principles and synthesize the effects of different subjects. The marketplays the decisive function to distinguish the suburbs and outer suburbs, which have different transaction need. The government plays the supervision function to ensure the safety of land. As for the design of the legal system, firstly we should establish the registration system for the right to the use of homestead to the benefit of subsequent supervision of the homestead. Secondly, we should allow the transaction of the homestead and expand the transaction scale of the homestead. Thirdly, we should refine different transaction modes of the transaction of the homestead. In the end, it isn’t once and for all for the transaction of the homestead, we should establish supporting systems after the transaction to solve the peasants’ and new holders of the right of use’trouble back at home.