Leeal Issues Research Of Rural Housing Land-Use Circulation

The rural residential land use right system is a typical land system of China, which is critical to the permanent domiciles and basic rights of about eight hundred million farmers in our country. As China is an agricultural country, the rural residential land use right has always been deemed as a policy-based, welfare and protective system.However, the nature of the property right of the usufruct as derived from a farmer's basic right has been neglected for a long time. With the transformation of China's economic structure into an industrial and trading country, the development of market economy and the advancement of urban-rural integrated construction, the welfare and protective functions of the rural residential land use right is retreating, but its circulation problem has attracted more and more attentions.The twelfth Standing Committee of the National People's Congress decided to authorize the State Council to adjust and implement temporarily the provisions of the Property Law and Guarantee Law on prohibiting the mortgage of the collective-owned rural residential land use right in 59 pilot counties (cities or districts). The prohibition of circulating the rural residential land use right will be released by the authorized pilots and return to its essence of private right. Therefore, the writer analyzed the necessity and feasibility of the rural residential land circulation through the investigation of the status quo of the rural residential land use right circulation, carried out the empirical analysis in combination of the circulation status quo and the circulation pilots in Zhejiang Province and raised the suggestion for the rural residential land circulation mechanism.In addition to the introduction and conclusion,this paper is composed of the following four parts:Part ?, Outline of Rural Residential Land Use Right. In this part, the historical evolution and concept of the rural residential land use right is introduced in detail and the legal features of the rural residential land use right is elaborated in terms of the theory and analyzed comparatively in terms of the laws and regulations.Part ?, Analysis of the Status Quo of Rural Residential Land Use Right Circulation.This part is a key point of this paper, in which the three top circulation theories in the academic world are introduced through the analysis of the concept of the rural residential land use right, and then the legislative status quo of the rural residential land use right circulation in our country and the judicial status quo and objective situation of the rural residential land use right in Zhejiang are analyzed deeply with the empirical survey data.Part ?, Necessity and Feasibility of Rural Residential Land Use Right Circulation.This part is a key point of this paper, in which the empirical analysis was carried out on the representative practices of the rural residential land use right circulation through analyzing the necessity and feasibility in terms of the development of modern property right, urban-rural integration process, the principle of integration between house ownership and land use right and the land resource optimization, including Jiaxing's"two separates and two exchanges" system,Ningbo's "two rights and one house"mortgage (pledge) system to "house ticket" pledge system, Huzhou Changxing's "three replacements" system and Yiwu's exploratory "three replacements" system to the rural residential land mortgage with Yiwu as the pilot authorized by the Standing Committee of the National People's Congress.Part ?, Suggestion for Rural Residential Land Use Right Circulation Mechanism.In this part, the principles and ideas adhered to during the rural residential land use right circulation were raised for reference so as to establish and improve the rural residential land use right circulation mechanism.