Research On The Legal Problem Of The Transfer Of The Use Right Of Rural Homestead

Rural residential land is the basic livelihood guarantee of the nine hundred million farmers in China,and is an important livelihood and production means for farmers.There are about four hundred million acres of land in China,a huge number,but from the actual conditions of our country,our country farmland,land resources are very scarce,and a large area of barren,which leads to a serious waste of land resources.As the rural homestead in our country has been for the purpose of realizing the social security function of the countryside,it exists as a kind of farmer's welfare.Therefore,the state has strictly controlled the transfer of the right to use rural residential land,so as to ensure that all social subjects enjoy equal legal status and rights.But the reality is that urban residents rely on their construction land use rights legal and free trade to get benefits and opportunities for development,but farmers are trapped in rural land,they fundamentally and not equal treatment of urban residents,although the right to use homestead but not as urban residents as to the free transfer.At present,China's relevant laws and regulations prohibit the free transfer of the homestead right of use,transfer to the homestead right of use in the “land management law”the only made provisions not too specific,rural land use right can transfer and how to transfer has always been the focus of controversy.With the development of socialist market economy,a large number of migrant workers migrant workers,resulting in a lot of places of the rural homestead is idle for a long time,a large number of so-called “hollow village”,which caused a great waste of idle resources.The current status of the right to use the circulation of rural homestead legislation and the development of national economy and the demand of our country occurred contradictory,the current rural land use right circulation system consists of three related to the specific legal provisions and other relevant laws and regulations,mainly is the "constitution" tenth,"land management law" article sixty-second ".Property law" the thirteenth chapter of the one hundred and fifty-two to one hundred and fifty-five.Although the law restricts the right to use the right to use rural homesteads,there is a widespread circulation of the right to use rural homesteads in reality.With the rapid development of urbanization in our country,the transfer of rural residential land use rights is also a trend.The transfer of housing land not only involves the current legal provisions and land in our country,but also involves the guarantee of rural villagers and the social stability.By studying the legal issues of the circulation of the right to use homestead in rural areas,it is helpful to form a correct understanding and to give proper guidance to the practice.Against this background,it is of great theoretical and practical significance to study the legal issues of the right to use homestead in rural areas.Because of the land management system of two yuan system in China's urban and rural areas,the current land administration law stipulates that the right to use rural residential land is prohibited from market transactions,and the right is excluded from the civil domain.The transfer of rural residential land use rights is an important issue in the construction of rural areas in our country.The degree of circulation of the right to use rural house sites is related to the extent to which the peasants' property rights and interests can be protected.According to the current actual situation in our country,we should reduce the rural land reform in our country to a dual structure for the urban-rural gap and realize the integration of rural and urban development in our country.Therefore,it is necessary to make efforts to rebuild the relevant system of rural house sites,that is,the legal system of circulation of the right to use rural house sites.Based on the comparative analysis of related literatures at home and abroad,this paper deeply studies the contents,characteristics and legal attributes of the right to use homestead in rural areas and summarizes the development of the right to use homestead in rural areas.Through the theoretical analysis and empirical analysis of the circulation of the right to use homestead in rural areas,the necessity and feasibility of the circulation of the right to use the homestead in rural area are obtained.Then it analyzes the legal construction status quo of the circulation of usufruct of rural residential land in our country at present and probes into the maladjustment of legal construction in it.On the basis of this,it analyzes the harm caused by the imperfect legal system.Finally,according to the theory of our national conditions and the circulation of rural residential land use rights,this paper puts forward the perfect countermeasures for the circulation system of rural residential land use right.This article consists of three parts: introduction,text and conclusion,the specific situation is as follows:The introduction part mainly analyzes the research background and significance of this article,summarizes and expounds the relevant literature materials,and there are three theories in China's academic cricles about the transfer of the right to use the homestead.One is to prohibit the transfer of the right to use the homestead.and the other is to allow the use of the homestead.The right is free to flow,and the last one is to restrict the transfer of the right to use the homestead,This paper proposes that the righe to use the homestead should be allowed to flow.The second part is mainly to summarize the development process of the righe to use rural residential land in China since the fouding of New China,It can be seen that in some periods,the state allows the transfer of the righe to use the homestead.It is not strictly restricting the transfer of the right to use the homestead from the beginning.Instead,The land policy will be adjusted accordingly according to changes in national conditions.The third part mainly discusses the necessity of the transfer of the righe to use the house site from the aspects of optimal allocation of land resources,guaranteeing the private rights of farmers,solving the legislative predicament and the plight of practice.The current legislation does not explicltly prohibit the transfer of house sites,and the transfer will not lead to farmers.Losing residential security and rural land resource circulation,the pilot areas such as TianJin,Sichuan and Guangdong have accumulated practical experience for the transfer of the righe to use the homestead,and it is feasible to allow the transfer of the righe to use the homestead.The Fourth part analyzes the current situation of the transfer of the right to use rural residential land in China,and on the basis of this,analyzes the proboems that restrict the transfer of the right to use the homestead.The existing problems indicate that the current homestead use right system can no longer adapt to the current economy.The need for development is urgently needed to reform and improve the system of transfer of the right to use rural residential land in China.The fifth part of this paper agrees to allow the free transfer of the righe to use the homestead.However,if the relevant legal system is not perfect,allowing the transfer of the homestead may bring certain social risks.Therefore,in order to avoid the risk of allowing the transfer of the homestead,it is proposed.Improve the thinking of the current homestead transfer rights system.The sixth part summarizes the full text and systematically explores how to construct a scientific and reasonable rural household land use right transfer system to protect the basic rights and interests of farmers.