Research On The Legal Issues Of The Transfer Of The Right To Use The Homestead

Current land value one-sided emphasis on social security and order,to farmers and imprison housing land use right transfer system is a violation of their sex and real property,and with the urbanization process is accelerated,the farmers today is no longer limited to the face upwards toward the loss back,cultivates but have more options and development space.The general secretary in the 19 th session of the central group meeting again,comprehensively deepen reform "in buying and selling the homestead land system reform as a starting point,not out of the land as a condition of farmers become urban residents",is in order to ensure the rights and interests of farmers and rural homestead activate and use red line set up.This article obtains from the housing land use right transfer case,the system analyzes the transfer of the effectiveness of the contract and the real estate principles applicable theory,and points out problems existing in the process of transfer of land use right,combing the cause of the problem,and improve the system of housing land use right transfer of framework,from the scope,time limit,the transaction price to put forward the corresponding suggestion to benefit mechanism;In design of housing land use right transfer system,from the emphasis on fair value and order value to a more prominent efficiency value,thus effectively solve the idle land and the contradiction between urban construction land expansionary demand,promote the optimal allocation of resources,the greatest degree to the protection of the interests of farmers.