Research On The Legislation Of The Transfer Of Homestead Right Of Use

Since this study in the third Plenary Session of the 18th CPC Central Committee comprehensive deepening of reform on the reform of land use right spirit as the starting point,systematically analysis of the land use right system,existing problems,and analyzes the necessity and feasibility of the transfer of Homestead Land use right,the right to the use of induction around the homestead reform achievements,basic ideas the land use right legislation.According to the basic ideas,the paper puts forward some suggestions on the legislation of the transfer of the right to use the homestead,the modification of the existing legal system of the transfer of the right to the use of the homestead,the legislative proposals for the transfer of the right to the use of the homestead.The first part of this paper introduces the current situation of the right to use homestead.That land use right exist:a large number of long-term idle and invisible transactions;homestead housing conflicts;the homestead right of use of property rights can be insufficient;the homestead right of use in the sale,lease,mortgage,inheritance and gift are subject to many limitations;land use rights and ownership of the housing real estate registration;housing land use right system is not perfect etc..The first part of the second part analyzes the necessity of the transfer of the right to use the homestead.The transfer of the right to use homestead is beneficial to farmers,is conducive to the government,is conducive to the integration of urban and rural development and is conducive to improving the efficiency of the allocation of land resources market.The latter part of the second chapter is from the protection of farmers housing property rights,collective management of construction land of state-owned land with the same market,the same price with the right to mortgage of land use rights,household registration and other aspects of the unified national approach to deepen the reform of rural land system.The paper systematically summarizes the pilot results of the use right of homestead,and puts forward the feasibility of the transfer of the right to use the homestead.In the third part of this article,the author puts forward the basic ideas of the transfer of the right to use the homestead,and puts forward some specific suggestions on the transfer of the right to use the homestead from the following 6 aspects:the transfer of the right to use the homestead.Finally,the author puts forward some suggestions on the modification of the existing legal system of the transfer of the right to use the homestead and the legislative proposals for the transfer of the right to the use of the homestead.The fourth part is the conclusion,which summarizes the argument of this article and puts forward the prospect.