Research On Legal Issues Of The Rural Homestead Usufruct Transferring

Currently China's rural labor force is transferring to the urban areas like the mushroomed growth rate,Speeding up the integration of urban construction.At the same time,the resulting problem is more and more rural areas there have been many idle homes and housing lands,the so-called "hollow village" is formed,this is a serious social problem that should cause social concern and attention.This has a negative impact on the protection of farmers' rights and interests,and because China's land resources are limited,also caused a serious waste of land resources.According to the ministry of land and resources Xu Shaoshi's article,by 2008,our country rural residential land of 247.98 million mu,the per capital land area of 214 square meters,more than 150 square meters of limit,huge,and wasteful.Synthesize various situations,we can see the current situation of the low utilization rate of rural homestead in China is becoming more and more serious.If there is no measure to carry out remediation,and to improve the current development of rural homeland is not conducive to the provisions,.This article from the theory of the right to use homestead in rural areas,combined with the current rural construction of the right to use the right to visit the homestead,and practice in some pilot areas,put forward some of their superficial understanding and views.This article is divided into five parts:The first part starts with the historical evolution of rural homestead in China,And the evolution of the ownership and the right to use of the homestead in China during the early days of the founding of the People's Republic of China,the socialist reform,the reform and opening up,respectively: free flow theory;prohibit the transfer of doctrine and restrictions on circulation theory.The second part,first of all,it summarizes the definition and significance of the right to use homestead in rural areas,secondly,it expounds the three different attitudes of the academic circles on the transfer of the right to use the rural homestead,I agree with the free flow theory,and combined with the practice of Ningbo City,Zhejiang Province,and from the perspective of the law of China's rural homestead use rights transfer is able to carry out free circulation analysis,and explain my point of view,that is,the right to let go on the one hand is consistent with the constitution of our modern legal system consistent with the concept,on the other hand,to narrow the gap between urban and rural areas,urban and rural integration to provide power.The third part,the author concludes with the relevant research articles and the rural areas in the rural areas where they grew up,and concluded that a considerable number of peasants want the right to freely transfer the right to use homesteads under the strict control of relevant laws and regulations,So as to add a financing for it.The forth part,analyzes the present situation and the shortcomings of the legislation of the right to use the rural homestead in our country.The fifth part,In view of the problems and shortcomings raised in the fourth part,some suggestions and suggestions are put forward.Whether it is to improve the legislation or improve the social security system.Hoping to increase the property income of farmers,to curb the "18 million mu of cultivated land red line precarious" status and make the land resources utilization rate to maximize the practical operation to provide practical help,and to improve our legislation has some theoretical reference.