Thoughts On The Problems And Countermeasures Of The Transfer System Of The Right To Use The House Site In China

Homestead right of use is an important assurance for Chinese peasant to enjoy the right of inhabitation.However,with the development of the times,especially the process of marketization and urbanization,the protection of the Homestead right of use weaks day by day.In view of this situation,the central and local governments with consensus have tried to improve the system,but the steps are not clear yet.To the above situation,this article deeply studies the most crucial circulation problems of the Homestead right of use in the homestead system,which mainly is divided into the following four parts:This part briefly introduces the current situation of the reform of the circulation of the right to use the homestead.Firstly,analyzing the reform incentive of the land use right,it is mainly from two aspects:the social change and the economic roots.Urbanization separates the peasants and land,circulation for use right of house site in rural areas because of economic interests,which causes that the homestead use of right is not accord with the current national conditions.There is the necessity of the reform.Secondly,it illustrates the reform principle of the right to use the homestead.Because of the importance of land,the central government issued documents to rule the reform of the circulation making sure guarantee and efficiency.Therefore,it focuses on the analysis of the feasibility of this reform principle and refuting the relevant questions.At last,the paper expounds the measures of the reform of the land use right of the house site.It mainly writes the supporting measures and relative policies between the central and local government.Part two:In this part it mainly expounds the regional experiments situation of the circulation of the right to use the homestead.Because of too many experiments areas,as typical,it selects Tianjin,Shanghai,Zhejiang and Guangdong to introduce the background and specific methods and clarify the legal relationship through the analysis of experimental methods.Finally,under law,it focuses on the analysis of existing problems in the homestead changing house,homestead exchange and housing loans to prepare for the future.Part three:In this part it mainly discovers the problems in the circulation of the right to use the homestead.According to regional experiments,through the method of induction,it states the problem of the circulation of the right to use the homestead from shallow to deep.First of all,from the most obvious lack of the proof of ownership,it is mainly due to the lack of clarity of property rights with other existing problems and Legal publication mode.Secondly,it analyzes from the key of circulation to state the restrictions from the existing laws,policies and legal principles.Finally,from the angle of the economic benefits distribution in the land use right,it states the current policy has harm to the peasants' interests and the interests of the rural economic organizations.Part four:It raises corresponding legislative improvement to the problem discovered in the third part,which is the main point of this thesis.To the lack of the ownership of the right to use the homestead,it proposes to give the right to effect as registration so as to solve the problem from the legal source and points out the specific operation method by steps.To the problem of the restrictions of the right to use the homestead and the lack of the interests' protection,it is proposed to build a homestead legal lease,which will allow peasant and rural economic organizations lease their homestead right of use,so it can free the right of use the homestead and balance the interests of all parties.