A Study On The Legal Problems Of The Transfer Of The Right To Use Homestead In Rural Areas

In the process of urbanization,the urban and rural dual structure is broken.In the context of urbanization and economic development,farmers living in rural areas in China,in order to have a better quality of life,have moved from rural areas to urban life and work,so there are many new phenomena and problems in rural areas of our country.In the process of urbanization,the flow of population results in a large number of “hollow village” in rural areas of our country,which has caused the waste of rural land resources.However,based on the relevant laws and regulations of rural land use rights,restrict the free circulation of the right to use rural homestead.Since the reform and opening up,with the rapid development of economy,and now the rural homestead system and economic development and cocial progress is very uncoordinated,the consequence is that the interests of farmers can not be effectively protected.As the rural homestead and housing price are low,some urban residents in a large number of idle land resources in rural areas,in the form of contract to buy the rural housing and the homestead use right.At the same time,the state in order to improve the living environment of our people and the quality of life,the construction of many large projects,the demolition of the land is inevitable,so that rural homesteads and houses are not often sued to the court,resulting in a large number of legal issues.Through the research of this topic,it is of great practical significance to improve the efficiency of land use and promote the increase of farmers' property income.For a long time,subject to the law,China has always been to restrict the use of rural homestead to carry out the transfer.Although in recent years around the rural homestead in the use of the right to ha nve a certain breakthough,but due to a variety of factors,from the free flow is still a big gap.The article first introduces the research background,the significance of the topic,the research status at home and abroad,and the research contents,methods and innovations.Secondly,it discusses the basic theory of the transfer of the right to use the rural homestead,including the basic theory of the right to use the rural homestead,the basic theory of the transfer of the right to use the rural homestead,the theoretical source of the transfer of the right to use the rural homestead,But also try to discuss how to carry out the transfer of rural homestead right from the guiding principle.Thirdly,in order to analyze the present situation of the right to use the rural homestead in our country,a sample survey was conducted after the selected research area.On the basis of the analysis,it was pointed out that the right to use the rural homestead in society In order to fully discuss the legal dilemma,the legal dilemma of rural homestead use right is divided into three aspects: legislative dilemma,judicial dilemma and law enforcement dilemma.Finally,the author puts forward the suggestions on the legislation of rural homestead use right and the related supporting measures.