The Theory Of Free Transfer Of Housing Land Use Right

Disadvantages of the current legal norms from the land use right is not formed on the whole institutional system and specialized systems, and the legal system is not perfect mainly in law neither explicitly prohibits the transfer of land use right details,and no expressly permit the free transfer, and to transfer its existing laws and regulations in the manufacture of many obstacles, such ambiguous attitude leads to performance guidelines of the law has been missing a certain extent, can not meet people’s real expectations.This paper attempts to deal with the following issues related to homestead right freely transferable:First, my academic allow for the transfer of homestead right of use has been the subject of protracted debate, a consensus can not be reached, including a ban on transfers that restrict the free transfer of said transfer of said three theoretical perspectives. In this paper, these three controversial doctrines were combing the concrete and Evaluation. Finally, the free transfer of said support, that its legal theory is consistent with our current situation and the urgent need of farmers.Second, whether the transfer of homestead right to use freedom has its own rationale. This paper attempts to transfer the right to use the homestead essential attribute of legislative review and practice review and land use right to demonstrate freely transfer its rationality. First, my homestead rights legislation is flawed, but because the legislation had to let go of past attempts to transfer the experience,economic development and policy reform trend to build free transfer system has its legislative possibilities. Secondly, the homestead lot of idle resources face serious problems with illegal transfer of homestead right to use the free transfer of the necessity and feasibility of their practice. Finally, the essential attribute of land use right is usufructuary right, need to change their disposition can be missing ills,allowing farmers to freely dispose of their homestead right.Third, how to protect the homestead right freely transferable. First, to build a sound homestead right freely transfer system, including improving land use right usufructuary power, the abolition of transfer restrictions target set homestead right periods. Secondly, we must improve the homestead right to use the free transfer of related systems, including the establishment of a sound homestead right to use the transfer market, the establishment of homestead right registration system, establish and improve the rural social security system.