Research On The Homestead Right In China

As the means of production,land resources are very important for the basic life and production of farmers,and they are the basic conditions and material guarantee for maintaining stability,order and harmony in rural areas.Based on China's special national conditions,China's laws endow farmers with the right to use homestead to ensure their right of residence and basic living conditions.Therefore,the system of the right to use homestead has become a real right system with Chinese characteristics.The design of the current legal system emphasizes the play of the social security function of the homestead,and sets strict restrictions on the transfer of the use right of the homestead,which to some extent is not conducive to the realization of the property function of the homestead,limits the path for farmers to increase economic income,and hinders the development and construction of rural economy.With the process of urbanization and the development of rural productivity,more and more rural surplus labor force has transferred to cities,and a large number of farmers have left the countryside and settled in cities.A large number of rural population leads to serious land-wasting problem in rural areas,such as“more than one residence”and“hollow village”.The wasting of rural homestead resources and the lack of construction land resources form a contradiction.The Use Right System of Rural Residential Land makes it impossible to realize the market value of the homestead,resulting in a large number of the implicit issues during the transfer of the land use right of house sites and large-scale construction of small property room.There is a contradiction between the Rural Homestead system and the New Type of Urbanization of Villages.In order to raise the incomes of farmers and develop the potential value of land,reforming and completing the homestead system is the key problem to be solved in the current comprehensive rural system reform.The research object of this paper is the rural homestead use right system.The research background is the deepening rural land reform in China.The research methods are literature research,historical research,comprehensive research and normative analysis.The theoretical basis of the study is the theory of institutional change and land property rights.The institutional basis of the study is the historical evolution and operation of the homestead use right system in China.The focus and core of the study are the suggestions to improve the system of the right to use rural residential land in China.At present,owing to the absence of the main body of homestead ownership,the limited circulation of the right to use the homestead,the free acquisition and the imperfect withdrawal mechanism,there are many practical problems in the operation of the system,such as waste of homestead resources,active invisible trading market,"one family with many houses" and large-scale construction of "small property houses".Taking the opportunity of deepening the reform of rural land system in China,this paper tries to put forward some suggestions on the improvement of the system of the right to use residential land from the aspects of perfecting the main body system of collective land ownership,perfecting the circulation path of the right to use residential land,constructing the withdrawal mechanism of residential land,rationalizing the solution of the problem of "small property house",and implementing the separation of three rights at the legal level,with a view to providing social security for residential land.Find the appropriate combination point between the barrier function and property function,and realize the property function of homestead on the premise of ensuring rural stability,so as to broaden the financing channels of farmers and promote the development of rural economy and urban-rural integration.