Legal Character Of The Operation Of The Use Right System Of Rural House Site In County Suburbs

The homestead right is an important foundation to protect the basic livelihood of the farmers, but also has a special form of usufruct. Development homestead right system involves farmers intergenerational equity, involving changing urban-rural dual structure, and the reform of the household registration system in China are inseparable.Through fieldwork methods found in practice homestead right initially obtained more chaotic existence, the area exceeded the phenomenon is more widespread problems, but these problems also has representational. From the empirical analysis, the circulation of land use right has been more common, including family members among farmers reassigned to land use right, homestead use right transfer of rural collective economic organization among the members and the members of the rural collective economic organizations outside the house base use Right Transfer of three types. The first two types of improved homestead collective economic organizations among its members the use of performance, should be affirmed. While the legal and policy restrictions on third type, but its invisible market is still relatively active.Fieldwork above problems found rooted in the presence of strong policy focus on administration, theoretical foundation is weak, Real property failed, the law are not well, running and other obstacles inherent defects of the Housing Land Use Right. We need one of the premises of doctrine, homestead right system design is based on the welfare, no deadline and social security to reflect, and the right to use all aspects of the system concept, theory, and other support elements to make homestead change. First, the angle of the social order will clear homestead right to limit the flow of material from maintenance. Second, to explore the establishment of land use right limited duration and classification type of homestead right exit mechanism. Finally, to improve the user explicitly recognized standards and civil status, improving asset valuation and the transfer market, improve the rural social security system and other support systems.