Study On The Legal Issues Of The Transfer Of The Right To Use The Homestead In The Rural Areas Of China

The relationship between the rural homestead for hundreds of millions of farmers to settle down,to achieve function of Chinese farmers' social security.In terms of the Rural homestead is related to hundreds of millions of farmers to settle down,and it is related to the realization of the social security function of farmers in China.The current laws of our country strictly restrict the circulation of the right to use rural homestead,so as to prevent the peasants from having the consequence of living without house after the transfer of the right to use the homestead.However,with the gradual establishment and continuous improvement of China's socialist market economy system and the innovation of the "Three Rights Division" policy of agricultural land rights,the strict restriction on the circulation of the right to use rural homestead has no longer met the needs of social development,and many disadvantages have been highlighted.Therefore,on the basis of clarifying the basic concepts,this paper makes a full demonstration of the necessity and feasibility of the circulation of the right to use rural homestead in China.Then,the author discusses the legal difficulties in the process of transferring the right to use rural homestead in China: the property right is not clear,the right of use is not complete,the circulation system is not perfect,and the supporting system is not complete.And in view of these legal difficulties,put forward corresponding.