Constuction Of The Circulation System Of The Use Right Of Residential Land In China

Land is fundamental of all productive forces. Rural residential land is an important part of rural land, which is also an important property rights of farmers.With the development of the real estate market in recent years, the value of land resources become more apparent. But the development of urban land, especially land in big city, has already reached its limit. Therefore, the vast rural areas that have not yet been developed attract a large number of investors' look. As a result, the topic whether the use right of residential land should circulate freely sparked heated debate.An important property rights as enjoyed by the hundreds of millions of farmers,effectively solving the problem of rural residential land use right is an important task to protect the interests of farmers, to maintain social stability.In this paper the author starts with her own judicial practice, combining with several case, revealing the reality and the Judicial Dilemma of China's current residential land circulation problems. And on this basis, through the analysis of local legislative attempt on this issue and put forward their own direction of judicial judgment, according to the idea of circulation system of land use right and the construction of ideas, in order to benefit the reform of the legal system of the circulation of the right to use land in China.Besides introduction and conclusion, this paper is divided into four parts. The first part is an overview of the use right of residential land system. The second part is the current problems of the homestead right of use circulation system and the judicial dilemma. Mainly on the validity of contract for the sale of rural housing judicial confusion, including judicial ideas around a trial results, etc.. The third part lists the significance of our country homestead right of use circulation system reform, the reform of the feasibility analysis. The fourth part proposes the circulation system of right to use of building land reform. The author thinks that should follow the rural social security system and constantly improve the pace, step by step the homestead right of use the free circulation, because perfect social security system will be exempt from the free transfer of the homestead use rights may bring social problems.Although at this stage should not be fully liberalized in the nationwide land use right transfer, but it should be the development trend of circulation system of land use right.