The Studing On The Problem Of Usufruct Right On Urban Village Resident Land

With the rapid development of urbanization, urban construction land is gradually spread to the surrounding land, then the urban village appears. Before the reform and opening up, the urban and rural dual system can well protects the interests of the farmers, but the era is marching on,in the urban village,farmers begin to pursue the economic interest,the system has been not conform to the requirements of the era. In view of the problems existing in the land circulation of the village inside city, the author comprehensively analyzes the problem by the logic of recognizing problems, analyzing problems and solving problems, then interprets my point,hoping to solve the problem.This article is divided into the following three parts:The first part is the summary of the basic problems of the land circulation village inside city. This part, first of all, explains the concept of urban villages and the causes of urban villages, and then leads to the particularity of urban village land.After that, through the understanding of the laws and regulations about the the right to use house sites and the circulation,the auther adheres to the idea of case-by-case basis in the face of controversy about whether the using right of the rural house site should flow. At the same time,for the problem about how to let go of the circulation,the auther thinks that it is necessary to flow in the urban village first.The second part is practical problems and reason analysis. According to the basic idea of finding problems and analyzing problems on the context, there are invisible flow problem and the phenomenon of building houses without rules,then finding out the cause of the problems,namely, legal system is not sound and lag, it’s difficult in operation of real estate registration,and the land expropriation problems intensify social contradictions.The third part is the system construction about urban village land circulation. This part firstly establishs the principle of the land circulation village inside city, in order to ensure the direction. Then there are the emphasis on flow conditions and the supporting measures,to ensure circulation in the order. According to the spirit of the third plenary session of 18,the auther puts forward a bold idea:for expanding interpretation of the collective management construction land,putting village in the city land into the collective management construction land.The idea can help the rural land to reform,and has the realistic meaning. The last part is to build and analyze the flow pattern, then it is concluded that some of own views: a new system should be based on the premise of China’s national conditions, at the same time,it’s necessary to consider the actual situation around.