The Study On The Obtaining System Of Right To Use Rural Residence Land

In China, the market economy is developed rapidly and the process of urbanization is constantly promoted and deepened. These make the using right of homestead in rural areas be a kind of important property right for farmers. Accordingly, Acquisition system of this right is starting to be emphasized and cared. Acquisition system is considered to be a prerequisite provision for the whole system of homestead. That is the so-called "to acquire it reasonably and lawfully, and to use it rationally and legally." the scientificalness and accuracy of the provision itself is related to the effectiveness of the system of homestead. However, there are few laws and regulations on the acquisition system of the using right of homestead in rural areas. Additionally, at present, there exist many drawbacks about this acquisition system, such as the inappropriateness of the acquisitive party, diversity of the acquisitive way. All these limit the development of rural economy to a large extent. Based on the identity of a member of the rural collectives, farmers get the using right of the homestead to build their houses. It is plausible to reduce the farmers’burden and protect the residence, but actually it is not so. With the springing up of migrant workers,the using right of homestead is "frozen" because of not being transferred independently. It leaves a large amount of homestead in rural areas unused and wasted. The high housing price and serious pollution caused many citizens in urban areas yearn for quiet and pleasing rural life. Because the acquisitive party for the using right of homestead is limited, it caused the citizens not able to acquire the using right of homestead.At present diversity of the acquisitive way for the using right of homestead in rural areas protects the farmer’s benefit to a great extent. However, it also causes that homestead in rural areas can’t be used fully and influences the reasonable allocation of the homestead resource in rural areas. Besides, the loose approval procedure of the using right of homestead and the incomplete registration system make it a chaos in the using condition of homestead in rural areas. So, based on the available research in academic circle, I think it necessary to discuss and research systematically the acquisition system of the using right of homestead in rural areas and find out the problem of system, especially the acquisitive party, the acquisitive way and the acquisitive procedure. We should regulate the qualifications of the acquisitive party, and implement the different paid acquisitive way, be strict with the approval procedure of the using right of homestead,employ the principle of registration effectiveness to affirm the right and issue it, construct a fair, just and open acquisitive system of the using right of homestead gradually, safeguard the farmer’s using right of homestead practically. Only by this way can we promote the development of the rural areas prosperously, stably and harmoniously.