Research On The Legal Regulation Of The Rural Land Circulation

Our country owned more than 70%of the population are farmers,so it has a lot of villages,the agriculture is quite developed in China.Which gives birth to a set of farmers?rural areas and agriculture in the "three rural" issues.The core of the"agriculture-country-peasant" is the issues of the rural land.protection of farmers' rights and interests development and stability in rural areas are agricultural problems which surrounding rural land.The land is increasingly becoming an important factor of production,land is the source of the most basic living guarantee the survival of farmers,farmers' rights of land is related to the farmers' survival and development,and so it is many farmers' eligible basic rights of right and the premise and foundation and other rights.At present,the farmer productions and living materials is indispensable the rural homestead,And use the right to expression the legal is achieved its use value.Rural homestead relationship with hundreds of millions of farmers plan to settle down,the relationship between the harmonious development of our society,carrying the social security function of farmers live.Homestead right as an important land rights of farmers plays an irreplaceable function,to safeguard the rights and interests of the farmers'living fully,and making home ownership come true.The state has been strictly controlled transfer of residence land use right in order to ensure that all social subjects have equal legal status and rights.In the aspect of rural land circulation,our country has been strict limits on the related transactions,so that all the citizens' legal status in the society and on the right to enjoy the same treatment.However,the disadvantages and defects have been arising with the establishment and perfection of the market economic system,such as the "Hollow village" phenomenon,which is widespread,the situation of farmer's rural house and the idle land can't be optimized.The current law has not promulgate reasonable rules on the circulation of usufruct right on rural residence land,and this makes the unlawful market of the "black-box" of the homestead becoming extremed rampantly.In view of this,this article intends to analyzes the existing social problems of the housing land use right,discusses the necessity and feasibility of establishing the usufruct right on rural residence land,puts forward the legal ideas on the circulation of usufruct right on rural residence land,looks forward to provide some referencr and guidance for the construction of the system of circulation of usufruct right on rural residence land.In addition to the introduction and conclusion of this article mainly discusses four parts:In the first part introduces related concepts of the Rural Housing Land Use Right Transfer,including the definition of the concept about transfer of homestead right,meaning the transfer of the status quo.And incorporates relevant economic and social reform in the background analysis of rural residential land use right transfer system theoretical basis.And the transfer of homestead right to use the pilot empirical analysis,selected four examples introduced the four places in the main approach of Homestead Land Use Right Transfer and some shortcomings exist.The second part introduces China's current policies on rural homestead right to use legal regulation in terms of laws,administrative regulations,departmental rules and introduced China's current policies on rural homestead right to use legal regulation,draw existing laws Homestead Land Use Right Transfer hold strictly limited manner,and indicate that the strict legal rural homestead right to limit the problems caused by circulation.The third part analyses the problems on account of a large number of existing invisible facts of residence land use right transfer,discusses the reasons for the formation of the kind of transfer modes include the right to use the homestead system is unreasonable,strict household registration serious lag system,laws,norms and market system is imperfect serious conflict and a series of reasons.The fourth part studies how to improve our homestead under use rights transfer system,while adhering to a homestead can only apply for one,can not be changed after its use Residential Land,the process of transfer of premises consistent implementation of the principles of the premise,allow homestead right between the general social subject to transfer,mortgage,rent and other forms of circulation,more good than harm.Of course,the transfer of the right to use house sites generated a negative impact,by other comprehensive measures to solve,improve relevant systems to fight the negative effects of the transfer of the homestead to a minimum.In short,The establishment of residence land use right transfer market should meet the needs of contemporary China's development,through constant exploration and practice,improve and establish the homestead right to promote the market circulation system,to protect farmers' property rights land use right,to promote the optimal allocation of land resources.