The Study On Legal Issues Of The Circulation Of The Right To Use Rural Homestead

The right to use rural homestead means rural residents have the right to build buildings and affiliated facilities on legally obtained homesteads whose ownership belong to the collective economic organizations and the right to possess, use and dispose restrictly. It has characteristics of strict identity, gratis usability, permanent usability, belongingness and strict restriction of the scope. As for China’s urban-rural dual system of land administration, the existing "Land Administration Laws" rules market trading of the right to use rural homestead is forbidden and excludes the right in the civil field. Nowadays, our country has entered to the important period of deepening the rural reform, striving to break the urban and rural dual structure, and forming a new pattern of integration of urban and rural economic and social development.Improving the system of homestead has become an important part of a new round of land reform in the countryside. Deepening rural reform centers on deepening the reform of homestead system, which means legal circulation of the right to use rural homestead. As existing legislative regulations about the right to use rural homestead system are mostly the products of planned economy which are unable to meet the needs of the real local institutional innovation, it’s necessary to build system of rural homestead in accordance with the modern economic development through theoretical and case analysis.In this paper, present domestic scholars’ academic achievements about circulation of the right to use rural homestead and the successful experience of the pilot reform are analysed. The maximum increase land use efficiency and protect the land resource is wasted and destroyed, give full play to the factors of production, improve the rural land market in the allocation of rural land resources, according to the basic requirement of overall planning for urban-rural development, gradually establish the factor market with the resources, construction of urban and rural land use right transfer of the unified legal system. This paper analyzes four typical samples, respectively is:Tianjin "land change rooms" model; "Foreign capital of Chengdu with local factory farming curtilage" mode; Chongqing "ticket" mode and "right replacement" Zhe Hu areas.At first, this paper identified the concept of housing land use right, suitable subject, on this basis to discuss the legal nature of the transfer of land use right, characteristics, basic theoretical issues such as legal basis; flow problem of housing land use right disputes, to analyze the contradictions existing in the current legal system, determine the necessity of housing land use right transfer; clear the theory point of view, the analysis theory of the pros and cons of their existence, and what kind of theory is more suitable for the need of the society, describes the legitimacy basis of housing land use right transfer and the feasibility and necessity. Secondly, this paper introduces our country land circulation pilot, such as Chongqing, Suzhou, Tianjin, Chengdu and Shanghai, through the analysis of the pilot reform situation, summarizes the similarities and differences of several representative reform modes, of housing land use right transfer in our country, put forward perfect vision. Construction finally, put forward the basic system of housing land use right circulation, on the premise of allowing the land circulation, the circulation of housing land use right under the framework of national appropriate interventions, clear ownership, includes two aspects of the subject and object; Clear the interests of the participation in the homestead circulation distribution, reflect fair allocation mechanism.The research conclusion of this paper is based on rights configuration needs to be fair, need to improve the efficiency of land utilization, the system of laws and regulations need to conform to the situation, the people shall respect the right to use house sites dispose it voluntarily. But based on the mandatory provisions of the law, public interests, disposition must also be incorporated into the national institutional framework, appropriate intervention of land circulation on the one hand, improve the utilization efficiency of the land, but at the same time, the potential profit may sometimes a large number of cultivated land into land, therefore cannot be allowed to arbitrary without restraint.