Research On The Circulation System Of The Rural Residential Land In China

Rural residential land as an integral part of the rural land and an important type of land,in the farmer’s property plays an important role.However,the transfer of rural residential land use right is a difficult problem in our country.At the same time,due to the economic development and the speed of urbanization,the problem of the rural residential land use right should be solved urgently.It not only relates to the provisions of the current law of China and the land policy,but also relates to the protection of the rights and interests of farmers and the stability of the society.Through the research on the legal issues of rural residential land use right transfer,it can better protect the rights and interests of farmers’ land use,and promote China’s "three rural issues" of the fundamental solution.This thesis is divided into five parts as follows: Chapter one is a general overview,the introduction of the research background,research significance,research status,research methods,possible innovations and deficiencies.The second part of is more specific.It mainly introduces and discriminates several basic concepts such as rural homestead,the countryside homestead right of use and other related concepts.Because of some controversial issues for the problem,the value of different points of view is displayed,to take on the development of use right of rural residential land,and make a depth analys of the difficulties faced by the existing legal system.The third part trys to find out the existing problems in current legal system by comparing several typical Homestead Land Use Right Transfer mode.The fourth part discusses China’s current legal system of rural residential land use right transfer and identifies the problems.The fifth part is based on the analysis of the above problems,makes clean the reform means of the circulation of rural residential land use rights:it not only adheres to the reform ideas of "fair priority,taking into account the efficiency",but also maintains harmonization with the relevant legal system.Besides,the paper also puts forward the following suggestions: improving the system of compensation for acquiring residential land use right transfer,modification of laws and regulations do not meet the status quo,to build a suitable homestead ownership body,strengthen the land use right with usufruct property,use unified rural homestead registration system,a clear scope of Residential Land use rights,establish homestead and farmland replacement system,establish legal residence land use right transfer market and so on.We hope that our country’s legal system is more efficient through these suggestions.