Research On The Problem Of Rural Residential Land Use Right And Its Countermeasures

With the rapid development of economy, urban and rural integration, the circulation problem of the house land-use right is taken more seriously. In China, the house land is the life insurance of 900,000,000 farmers. It is also their production and living materials. There are about 400,000,000 acres of land in our country. The number is so large. However, according to the actual situation, our country is lack of agricultural acreage and resources. It is a waste of house land, which results in serious waste of resources. Because the exist of house land in our country is for the purpose of achieving the function of rural social security and being a kind of farmers' welfare, the country has been strictly controlled the rural land circulation to guarantee that all the social main body enjoy equal legal status and rights. But in real life situations, urban residents can rely on their legal right to use construction land and free trading to gain profit and development opportunities, while farmers are bound on the rural land. The urban residents are not treated as equally as the urban ones. Although they enjoy the right to use house land, they can't freely circulate it. At present, China's relevant laws and regulations don't allow the house land-use right to circulate freely. They make less specific provision about the circulation problem of the house land-use right in the "Land Administration Laws", whether can transfer and how to transfer of house-land in the countryside has always been the focus of controversy. Along with the development of the socialist market economy, a large number of migrant workers go to the cities to look for jobs, which lead to a lot of places of house-land in the countryside idle for a long time. A large number of so-called "hollow village" appear. The idle causes the waste of resources. The current legislation and the present condition of the rural land circulation and the country's economic development demands the contradiction, our country's current rural house land-use right system involves three related specific law and other relevant legal norms, mainly in article 10 of the constitution, "land management law" the sixty-second, "property law" article one hundred and fifty-two to article one hundred and fifty-five of chapter 13. Laws restrict the flow of housing land use right, but in practice the land circulation of invisible market development are common, so it is imminent to improve the legal system for reasonable transfer of rural housing land.Will be divided into four parts in this article, from the background of the research to the concept of housing land use right circulation in China, the legislative situation, in-depth study on the existing problems, and finally put forward a perfect suggestion, hope is good for our country homestead.