The Study Of The Right To Use Rural Residence Land In China

The right to use rural residential land as the most basic living material for farmers in China has a welfare nature in distribution,which is the most fundamental guarantee for farmers' housing needs.However,due to the accelerating process of urbanization and the improvement of the market economy system,the system of the right to use the rural residential land has some problems that do not adapt to the development of the new situation.The narrow scope of access to rural residential land use rights and the inconsistent basis for acquisition,the definition of “household” is ambiguous,and the approval process is not strict;the legislation for the transfer of rural residential land use rights lags behind;there are many invisible transactions,and the registration system is not perfect;rural land use right The exit mechanism is not perfect and the lack of collection will safeguard the interests of farmers.From the perspective of safeguarding the rights and interests of rural residents,this paper proposes concrete measures to improve the rights of rural homestead from the perspective of China's special national conditions.It insists on safeguarding farmers' interests as the core,paying attention to efficiency and fairness,and appropriately restricting rights.Principles: Persist in identifying the subject's identity,clarify the concept of “household” and the conditions for separating households,and strictly examine and approve the procedures;in the legislation,the restrictions on the transfer of the use right of rural house sites should be stipulated,and circulation procedures and registration systems should be perfected;The system establishes a period of use and exit incentives to determine a reasonable expropriation compensation standard.