Study On Legal System Perfection Of Homestead Circulation

Homestead circulation legal system is an important part of the homestead system.In the current system only allows the homestead circulation between the members of the collective economic organizations,overlooked the circulation of rural homestead is common among social demand,on the one hand,land and housing idle generally,on the other hand has given rise to land circulation of the invisible market,although on the surface,the parties to get from them but such transactions without legal protection,easy to cause the parties rights are damaged,and a large number of private circulation of current system to form the impact.There is an objective need to release the transfer of homestead,but directly allowing the transfer of the right to use homestead,based on the membership property of the right to use homestead,will erode the collective land ownership.Based on this,the central government proposes to explore the "division of ownership,qualification and right of use" of homestead,implement collective ownership of homestead,guarantee the right of qualification and property right of farmers on homestead,and appropriately activate the right of use of homestead and farmers' houses.Under this background,this paper,guided by the "division of three rights" of homestead and based on the current situation of the legal system of homestead transfer in China,provides feasible Suggestions for the improvement of the legal system of homestead transfer.In addition to the introduction and conclusion,this paper is divided into five parts:The first part is the introduction of the current situation and predicament of the legal system of homestead transfer.On the basis of sorting out the existing laws and policy provisions related to homestead transfer,the predicament of the legal system of homestead transfer is summarized to pave the way for the following.The second part points out the goals that the legal system of homestead transfer should achieve,including removing the restriction of homestead's use subject status,improving the utilization efficiency of homestead,and promoting the realization of rural revitalization.The third part points out the principles that the legal system of homestead transfer should adhere to,including adhering to the collective land ownership,ensuring the joint participation of the three parties,following the characteristics of the homestead system in the construction of transfer rules,paying attention to planning management and risk prevention.The fourth part points out the bottom line that the legal system of homestead transfer should stick to.The first is to implement the collective ownership of homestead.After pointing out the defects of the current collective ownership system,such as unclear subject definition and insufficient power,the improvement path of defining the right subject and improving the due power is proposed.The second is to safeguard the homestead right of farmers qualification and farmers housing property rights,in the interpretation of the homestead right of farmers qualification and farmers housing property rights connotation,rural farmers qualification right system deficiencies and improve the way of detailed analysis,and proposed the reform of China's legal system of land circulation of peasant rights still adopt the expression of housing land use right.Third,a reasonable income distribution mechanism should be set up for the circulation of homestead.It is proposed that the income from the circulation of homestead should be reasonably distributed between the right holder of homestead,the owner of homestead and the state.The fifth part puts forward the Suggestions to improve the legal system of homestead transfer.In order to relax the right of use of homestead and farmers' houses,the right of management of homestead with real right or the right of lease of homestead with creditor's right can be established on the basis of the right of use of homestead according to the theory of property debt dichotomy.The first part is to set up the right of management of the homestead to realize the transfer of the homestead,including the introduction of the legal principle and legal contents of the right of management of the homestead,and put forward the transfer of the house or mortgage on the homestead.The content of the house transfer on the homestead includes the necessary conditions and specific ways of realization,and the analysis of the house mortgage on the homestead is carried out from the four aspects of the definition of the subject matter of the mortgage,the determination of the parties' qualification,the establishment and realization of the mortgage right.The second part is to set up the lease right of the homestead to realize the transfer of the homestead,including the introduction of the theory and content of the lease right of the homestead,as well as the conditions and specific ways to realize the transfer of the homestead.