A Study On Circulation Problems Of Rural Residential Land Use Right

Superficies is come from the Roman Law initially,which is almost universal in civil law countries.Frankly speaking,the institution of Rural Residential Land Use Right reflects the chinese characteristic well,however there also exits lots problems.For example,laws don't put forward the subjects and attribute of Rural Residential Land Use Right clearly;there are lots of obstacles of Rural Residential Land Use Right inheritance and circulation.The simple legislation leads to the confusions in juridical practices,the difficulty of financing hinder the country's development.The first chapter demonstrates the basic information and nature of Rural Residential Land Use Right.This chapter indicates the paper's purpose by analyzing the problems of Rural Residential Land Use Right in China.By presenting the rural land system in the early years of New China,People's Commune period and 1960's,we know rural land policies in China has changed several times.The Real Right Law establishs the Rural Residential Land Use Right,which has a great significance to peasants.It has the same nature with Land Management Law,which is not useful to solve problems.There are lots of disputes about the nature of Rural Residential Land Use Right,I analyze all of them and put forward my own views.The second chapter is about the transfer situation of Rural Residential Land Use Right.Because of the urban-rural dual land system,there have contradictions between rural housing inheritance freely and the restricted Rural Residential Land Use Right inheritance,which leads to inheritance disputes in practice.I think the right inheritance is feasible and necessary not only in law but also in culture.By analyzing the judicial cases,we know the rural housing sale contracts' validity is depend on the subject of buyer,it didn't correspond to reality by judging the contract is void directly in the juridical practice.The third chapter is about the improvement of Rural Residential Land Use Right system in China.Because of the subject of right is not clear,I suggest the law can clearly definite the subject of Rural Residential Land Use Right in future.At the same time,I agree that if we want to solve the problem of Rural Residential Land Use Right inheritance,we should bring in the statutory tenancy right,which is establish in Taiwan and Japan.In addition,it's also necessary to construct the paid exit mechanism to improve the utilization efficiency of rural land.Last but not least,I advise to establish Rural Residential Land Use Right mortgage,which is beneficial to expand peasants' financing channels,boost the country's economic development.