Research On China's Rural Housing Land Transfer System Innovation

The land is directly involved in the real right legal system one of the core issue of farmers' rights and interests.With the rapid development of industrialization and urbanization,the population gathers to the economy more developed regions,farmers into town employment phenomenon gradually increased,farmhouse,increasingly serious phenomenon of long-term idle,many rural become worthy of the name “hollow village”.According to the ministry of land and resources information center survey statistics,by 2008,our country rural residential land of 247.98 million mu,the per capital land area of 214 square meters,more than 150 square meters of limit,huge,wasteful.As vice-chairman of the CPPCC Mr.Li Wuwei said,now there is the problem of the land use itself,land use efficiency is very low.Situations showed that the extensive use of rural land has reached the very serious,and this kind of situation has not been effective to improve,to cause the great attention of government and academic.At present,the domestic scholars research results of rural land circulation problem is very rich,also put forward many constructive suggestions,but the use of “efficiency principle” to discuss how to achieve the ideal of rural housing land use and benefit maximization research achievements is still very rare.In view of this,based on the principle of “efficiency” as the guidance,realize the ideal use of house-site in the countryside are studied,and the path of the benefit maximization,so as to provide reference for similar problems after other scholars research,and open up new research perspective.This article from the evolution of rural land ownership in China features and characteristics,expounds from the early stages of the founding of new China,after the establishment of the people's commune period and the reform and opening to the outside of each historical periods of the evolution of rural land ownership,and analyzes the property characteristics of the system of rural homestead.At present academic for rural land circulation is mainly have three kinds of views,namely the free circulation of said,flow and restrict circulation.First of all,the author from two perspectives of law and economic feasibility analysis of rural housing land use right circulation in our country,rural land circulation conform to the requirements of the constitution and the modern concept of rule of law,to expand the rural areas to expand domestic demand and economic growth,narrowing the gap between rich and poor,between urban and rural area for the integration of urban and rural construction.Secondly,from the land circulation,then this article explains the drawbacks of the rural land circulation is the embodiment of Chinese tradition of political science and law.At the same time,the author through the study of the sampling survey of Xinxiang countryside,most of the villagers in agreed to countries under the premise of strict management of the rural housing land,that should give farmers more land rights,to improve the family economic condition and the purpose of raising funds for production.Through the above analysis and investigation on the surface of the positive and negative conclusion,this article agree with effective management in the country,a steady and orderly to the reasonable transfer of house-site in the countryside.But at present our country rural land circulation also has many difficulties to be solved,of the author in view of the present predicament,puts forward the innovation countermeasures of rural housing land use right transfer in our country.Such as the innovation system of rural homestead legislation idea,construction of housing land use right transfer of legal support,form a complete system of rural housing land use right registration,establishing and perfecting the rural housing and land circulation market and a series of feasible measures.If these measures into practice,to increase the farmers' property income,improve the efficiency of land use,change the state of “1.8 billion mu of arable land red line in jeopardy” will have important practical significance,to improve the Land Administration Law,the Property Law will have a certain reference.