On The Legal Path Of The System Reform Of Rural Homestead Circulation

The purpose of the rural homestead system is to ensure that farmers live and live,and early scholars have reservations about the circulation of rural homestead.However,with the rapid development of social economy,the intensification of rural hollowing and the shortage of urban land,rural homestead circulation system is constantly urged to make changes.Therefore,the central document No.1 of 2018 puts forward the reform goal of moderately liberalizing rural residential land.At present,the mainstream view of academia also believes that the rural residential land market should be gradually and conditionally liberalized.However,there is no final conclusion on how to enter the market of homestead.Obviously,the rural homestead involves the welfare of the peasants who account for the vast majority of the population in our country,so it is urgent to explore the legal path of rural homestead circulation.Firstly,this paper interprets the basic concepts and theories involved in the transfer process of rural residential land use rights.On this basis,the author elaborates the current situation of homestead circulation in China,including the "one-size-fits-all" prohibitive legislative model,the predicament of the system of housing and the predicament of homestead circulation in judicial judgment,and points out the deep-seated reasons for the current situation of homestead circulation: the contradiction between homestead circulation and farmers,social interests and the promotion of urbanization.Secondly,the author summarizes the dual function of the land development right system through studying the land development right system in the United Kingdom and the United States,that is,the land development right system is the legal basis for the state to control land resources and market allocation of land resources,And get inspiration from it: our country should establish the system of development right of homestead.The development right system of homestead is an extension of the land development right system in the field of homestead,which can be used to achieve the dual purpose of state control of homestead and homestead marketization.Finally,the author combines the dilemma faced by the rural homestead circulation in China and the effectiveness of the homestead development right system,and puts forward the general idea of the reform of the homestead circulation system in China,that is,under the premise of defining the moderate marketization of the rural homestead,the path choice is to establish the homestead development right system.The design of the system of the right to development of homestead should follow the basic principles of purpose,efficiency first and fairness at the same time.In order to achieve the reform goal of moderate marketization of homestead in China,the author proposes that the right to development of homestead should be recognized as private,and in the process of distribution of value-added income of homestead,farmers,collectives and the state should share the value-added income of homestead in a reasonable way.At the same time,the author also made a preliminary setting of the transfer mechanism of the right to development of homestead,in order to achieve the promotion of the moderate market-oriented reform of homestead.