Empirical Research On Transfer Of Homesteads Use Rights

In China,transfer of homesteads use rights is difficult as a consequence of stringently controlled on land.At present,no specific legislation on transferring are made.Meanwhile,the local laws on transferring are not uniform,which leads to many issues in reality.Issues related on transferring are investigated based on studying on lots of samples in Referee Network in this article.In addition,advices are put forward to improve conditional transfer of homesteads use right.From the perspective of empirical analysis,this article can be divided into three chapters.Chapter one demonstrates cases on transferring by analyzing lots of samples in Referee Network.Four kinds of regulations on transferring are introduced by researching rural homestead management approach and rules on different cities.It includes allowing farmers to transfer right to people in the same village,allowing the rights to be transferred to people outside the village,prohibiting urban residents from purchasing rural homesteads,and allowing the sale or rental housing on the homesteads,but forbidding applying for homesteads after sale or lease.Chapter two is based on the analysis of the cases in chapter one,and the cases divided into three categories referring to subject of the contract as standard.Cases on homesteads use rights,rural housing,and rural housing and its ancillary facilities are verified.The transferring process on three categories is further discussed.Chapter three makes a conclusion,and figures out proposals to improve transfer of homesteads use right as a result of imprecision in law and the same cases leading to different sentence at trials.Therefore,transferring should be considered to be open conditionally.Recommendations to constraint rules are made to provide effective guidance on transfer of homesteads use right.