Study On The Circulation Of The Usufruct Of Homestead

Based on the security function from the land reform of the usufruct of homestead.In the civil law,the usufruct of homestead is also a special usufructuary right in the property law of our country.The usufruct of homestead to the use of homestead relates to the farmers' real rights.At present,the law of the transfer of the right to use land in our country has certain defects,such as poor cohesion and policy-directed.With the development of urbanization,the farmers' demand of right transfers to property is increasingly grow,the whole country has witnessed the reform of"dormant resources",and the specific measures about the reform of the residential land system are still in practice.From the previous central documents and conference spirit,the decision layer is attached to the transfer of homestead right to use,in 2017,the central document emphasizes the exploration of various effective ways to revitalize the homestead,and promote the increase of farmers' income.The first part discusses the concept of the transfer of land use right.This paper analyzes the transfer of the right to use the homestead,and its current characteristics.Therefore,to determine the property of the right to use homestead,and the possibility of free transfer from the perspective of real right.The second part analyzes the basis of the transfer of the right to use the homestead.The transfer of homestead right to use right from legal and economic perspective,from the theoretical basis of the right to use homestead transfer analysis,for the theoretical support of the transfer system of rural residential land use.The third part part analyzes the circulation and restriction of the right to use homestead under the existing legislation.The current law strictly restricts the transfer of the right to use homestead,which lead to the circulation dilemma.In fact,it is due to the disconnection between the legal system and the reality.It also shows the inevitability of the reform of the existing system.The fourth part discusses the practice pilot of the transfer of homestead right.Through the analysis of the " three changes" reform in Guizhou province,the transfer of homestead right to use the experimental model of the pilot project to explore the right to use the right to use the right to use the right to use the right to transfer the right to transfer.The fifth partThe fifth part is about the construction and perfection of the law and system of the right to use residential land.Under the premise of fairness and efficiency,to enable the income and punishment power of right to compensation.Through the design of supporting system to protect the smooth transfer of the right to use homestead land.