On The Legal Issues Of Transfer Of The Rural Homestead Usufruct

The homestead rural homestead usufruct is an important right of Chinese farmers, and a important section of China rural land rights. The homestead rural homestead usufruct undertakes social security role for a long time, and the circulation of the homestead rural homestead usufruct influences the further development of China’s urbanization. This article proposes legal consideration of the homestead rural homestead usufruct base on analyzing legal characteristics, right of rural land features of the right of rural land circulation as well as historical evolution of the right of rural land circulation system.In this paper, ex cept the introduction and conc lusion, is divided into four parts to discuss:The first part of legal characteristics and historical evolution of the right of rural land circulation system is summarized. Firstly, the article analyzes legal characteristics of rural land features of the right of rural land; secondly, the article analyzes historical evolution of the right of rural land circulation system.The second part is the transfer of the rural homestead usufruct and the legislative status quo theory controversial. Firstly, it analyzes the transfer of the right of legislative status quo, including the stage of China’s laws, regulations and rules for the issue of regulations and summarizes the legislative features. Secondly, the article analyzes the controversial theory of the transfer of rights, including the theory of prohibition, free transfer, restrictedly circulation.The third part of the legal opinion about transfer mechanisms of rural land circulation system. Firstly, we must establish legislative principles of circulation of the rural homestead usufruct, as well as meaning the principle of autonomy、the principle of public credibility and display、the principle of "Equity Priority and Efficiency" 、the principle of priority to buy the group members; Secondly, we should perfect the legislative base of rural homestead usufruct, and should legislate about the rural homestead usufruct; thirdly, China should allow the mortgage of rural homestead usufruct; finally, China should perfect the registration system of rural homestead usufruct, the current situation of rural homestead usufruct has same shortcoming, as well as responsible agency for registration is uncertainty、the integration of registration certificate is not good. The article advocates to certain responsible agency for registration and increase the integration of registration certificate.