The Theory And Practice Of The Homestead Use Right

With the speeding up of urban-rural integration in our country,the disconnect between our country rural land circulation system and the social demand is the more obvious.The resulting land disputes are increasing,and the attitude of our country's laws and regulations for the circulation of housing land use right is not clear,leading to the different applicable law in the judicial trial,the verdict is different.If the land circulation can not get good dispute,it will affect the long-term development of the rural's stability.Therefore,reform is the inevitable response.The convening of the third plenary session of 18 indicates rural land circulation system in China is about to open the road of reform,and our country should be the circulation of housing land use right of the focus on strengthening of the legal norms and supporting facilities of rural land resources use and standardized management,restoring the land property right through the establishment of rural housing land use right of rationalization,scientific flow transition.This article examines the system theory and the historical development of the land circulation in China.It analyzes the present situation of rural land circulation from the perspective of legislation and judicial practice.It researches the existing laws and regulations of our country and the problems in the judicial practice,analyses the current system of housing land use right circulation and the plight of the situation,and puts forward the reform of the system of right to use house sites.At the same time it discusses and analyzes the selected parts of our country pilot reform model,pilot reform mode,and focuses on jinjiang area to reconstruct the system of housing land use right,perfect the relevant system from two aspects to talk about the establishment of free housing land use right circulation system.