Study On The Circulation Of The Right To Use Rural Homestead

Right to use rural housing land as unique to a form of usufructuary right in our country,the farmers in accordance with law,enjoy a right of its application and get approval after get a piece of land,free to build their private all of the premises and attached facilities,and to possess,use and restricted to dispose.Based on the special safeguard function and welfare nature of the rural villagers,our country is still in strict restriction on its circulation.However,with the progress of socialist modernization in our country and the development of urbanization,urban and rural dual structure is broken gradually,more and more farmers in order to improve their quality of life,began to migrate to urban areas and rural areas in our country has a lot of "hollow village",originally to safeguard the basic production and living functions of farmers’ land idle,no doubt this is a huge waste of valuable land resources.At the same time,due to the rural housing prices are low and the principle of "real estate" stipulated in the law in our country,the rights in many rural areas have begun to private circulation,resulting in a large amount of related legal problems.Therefore,it is of great significance for the current social stability and the economic development of China’s rural areas to accelerate the improvement of the relevant legal norms and the construction of the system.So this article,from the perspective of the outline,elaborated the related concept,historical evolution and characteristics of it,which made us to have a deeper understanding of the system,and given the current academic circles different views on this question to make everyone understand the general idea of the current from the macro;Second,collect the relevant legal norms as the research foundation of the system,combined with the pilot experience and specific on the issue of the policy of our country summarized the problems existing in the system under the current legislation in China,the first is the system itself because of the conflict of laws problem;The second is to restrict the flow of land resources waste;Fourth,the hidden circulation of homestead is not regulated.Finally,summarize experience,combined with the problems of this system,I put forward to perfect this system should follow the principle of protect the rights of farmers,conform to use control principle and equal protection principle,and put forward the following Suggestions for its legislative construction,first,change the current law,solve the problem of conflict of laws.Second,improve the right to use the homestead to withdraw compensation mechanism,reduce land waste;Fourth,formulate reasonable pricing and profit distribution mechanism;Fifth,improve the rural social security system.