The Research On The Perfection Of Legal System Of The Transfer Of Rural Residential Land Use Right

Rural residential land use right as an important property of the farmers,the perfection of corresponding circulation of the legal system,is about whether it can effectively increase the farmers' property income.For the collective economic organization,is a collective land ownership for the establishment of a usufructuary right,is the continuation of land ownership of collective economic organization,is about whether it can be related to the implementation of land ownership of collective economic organization.For the country,as a land resource,whether it can be based on reasonable use,related to the optimal allocation of social resources and economic sustainable development.The development of the system of rural residential land use right has been established decades of history,its start with in China's planned economy period.After more than 30 years of Chinese Economic Reform and Open Up,the social and economic condition which this regime depends on have changed deeply.With the deepening of reform,urban and rural dual structure has become a major obstacle to the process of urban and rural integration.The current law to restrict the flow of legislative attitude is the urban and rural dual structure in the homeland base of the main performance,the urgent need to reform and improve to meet the economic and social development.We should give the homeland right to use the right to use the property rights,allowing the right holder under certain conditions can freely transfer their homestead use rights.The perfection of the legal system of transfer is the basic requirement of right allocation justice,and also an important manifestation of the development of China's real right law theory.This paper has 4 parts besides of the introduction: The First Chapter: the evolution of the legal system of the rural residential land use right in China,through analyzing the historical changes of the rural land system,combing the historical context of the formation and development of the system,and combining with the historical economic system reform.The corresponding,dualistic structure of urban and rural areas has become the main obstacle to the process of urban and rural integration.It is urgent to reform and improve the relevant circulation system to meet the needs of comprehensive reform.The Second Chapter: the reality problem of thetransfer of the rural residential land use right in China,through examining the relevant provisions of our country's existing laws in this field,examining the main problems of the legal system in this field from the empirical point of view,correspondingly pointed out that the legal system in this field The original acquisition of the existing problems,and as an argument to explore the existence of the relevant rights of the impact of the transfer.The Third Chapter: the analysis of the transfer of the rural residential land use right in China,mainly from the perspective of legal theory,analysis of the legal basis of the legal system.Correspondingly,it is necessary to demonstrate the rationality of circulation and provide some legal theory support for the construction of legal system.The Fourth Chapter: the perfection of the legal system of the rural residential land use right in China,on the basis of the theoretical analysis of the relevant legal provisions,and then provide a general idea for the perfection of the legal system.Correspondingly,put forward the idea of the front rule of circulation,and practice of the circulation and its distribution of benefits.