The Question About Transfer Of Using Homestead

The using right of homestead was formed in planned economy time in China, and it is restricted by Land Management Law which belongs to administrative law system and got highly limited in transfer. But now China is in market economy time, it comes to disadvantage about institution of using homestead. Especially Law of real right turns the using right of homestead to usufructuary right, more than this, the argument's coming in academic circle. The main ideas included forbidding Turnover Tax, restriction of Turnover Tax and Free Turnover Tax. This article support the idea of using right of homestead was transferred freely. And mainly through three aspects included basis,feasibility and regulation to discuss.Lots of village homestead was left unused and “Small property rights house” was never forbidden which show us the urgent need of transfer of homestead, the using right of homestead transferring accord with constitution which define the village Collective ownership of land and protecting of Law of real right so it can be balanced, and also reflecting the meaning of Law of real right turns the using right of homestead to usufructuary right, the process of transferring maybe comes to some question, for example the protection of Peasants right to subsistence and so on, and this article was trying to talk about it and gets through the hard point. It can find the useful ways to make it out. Cause making the possibility of transferring. At the same time, the restriction of transferring the using right of homestead is needed which can make sure that village land market could operate orderly and the peasants right got the protection in max.