Study On The Transfer System Of The Right To Use Rural Homestead In The Context Of New Urbanization

The rural homestead system is a unique system of rural land system in our country, it is produced in the last century in 60s, as a kind of compensation to farmers' private collective homestead after all, take on the farmers provided free of charge, long-term use,the purpose is to protect the farmers' basic living rights; at the same time it is, for the purpose of protecting cultivated land,defining a one house, limited circulation,so that the land and farmers' life together.In the thirty years before the reform and opening, the rapid development of economy and society,the rural homestead system to ensure that farmers in their own homes at the same time, also can let the rural surplus labor force can come out from the countryside to the city, to find new employment opportunities, and has made a great contribution to the harmonious development of social stability. Entered in twenty-first Century,China's urban and rural integration development speed, urban and rural population, resources and other factors flow more frequently, the drawbacks of the rural homestead system has become increasingly prominent. This system emphasizes the welfare of farmers' housing,but ignores the property attributes of the homestead, which not only damages the rights and interests of farmers, but also seriously restricts the development of urbanization.Based on the relevant theoretical knowledge of new institutional economics, from the perspective of protecting the interests of farmers to study and explore the new urbanization background, the existing rural land management system in China, and the direction of the circulation system innovation of land use right. First of all, starting from the formation and historical change of rural homestead management system, analyzes the causes and policy orientation of current land management system in China; then through theoretical and empirical analysis, in the context of new urbanization, land use right transfer exists in the field to ask questions and realistic influence on Farmers' production and living, and the dilemma in the circulation of farmers' rights and interests protection; finally, put forward policy suggestions of Rural Homestead Land use right transfer market reform, hoping to make a contribution to the development of new urbanization and the protection of the rights and interests of farmers.