On The Construction Of Circulation Systems Of The Right To Use House Sites

On the legal system of rural land in China,the right to use house sites system with Chinese characteristics has been has been one of most people’s attention,because construction of the system make land and farmers’ production and living combined.It relates to the whole of farmers, rural, agricultural development, and even affect the entire country. China’s current strict circulation system of right to use house sites, allowing only internal circulation, that reason is the system was originally designed is "double protection", that prevent the loss of limited arable land resources, protect farmers’ basic production and living. But with the development of the socialist market economy, Restrictions of circulation make such idle land resources in rural areas can not be optimized configuration, hindering urban and rural integrated development; at the same time, The design of this system make property rights of farmer who sand on economically disadvantaged place can not be usedThis paper is divided into four parts. First of all, the first chapter is a summary of the legal connotation and characteristics in our legal system holds many lessons for the right to use house sites and and discusses the historical evolution of the rural right to use house sites in different stages : The first stage is the residential land ownership in rural areas farmers individual, the second stage is the initial creation of right to use house sites’ system, and the third stage is the period of reform and development system. Then in the context of the historical evolution of the system, summed up the basic theory of the current circulation of the right to use house sites, carded restrict circulation system caused a series of problems, as a basis theoretical preparation.The second chapter is to relax the right to use house sites transfer of theoretical justification, it consists of four parts. First, from the jurisprudence basis- starting power configuration justice theory justifies giving the right to use house sites circulation of power is "justice"; second,by virtue of the nature of the homestead property nature to prove the transfer of the right to use house sites ought; Furthermore, discoursing homestead circulation system is conform to the historical development needs from the perspective of social development, especially the need to be improved, and the feasibility of institutional reforms in the background of integrated urban and rural development.The third chapter, by introducing the country to explore the status of circulation of right to use house sites, critical analysised the outcome of the pilot, Tianjin, Chengdu, Chongqing and Guangdong and other places,and confirmed reformed objectives and achieved results, summarized the work of previous pilot issues to correct the problem in this issue.The fourth chapter,this paper proposes that the legal system of free construction of right to use house sites should be established. First principles of land use control, in order to protect farmers’ rights as the core,integrated urban and rural development need to be adhered to. On this basis proposed countermeasure of rural circulation of right to use house sites improvement, namely, the establishment of rural right to use house sites the system of paid use and integration of urban and rural market circulation, and the necessary follow-up measures to support the reform.