Feasibility Demonstration And System Construction Of Free Transfer Of Homestead Right

According to the Land Management Law in China,the use right of collective-owned rural homestead(“homestead”)is banned from being transferred unless it meets certain criteria,which has been severely constrain the development of economy in rural areas.Base on the theoretical evaluation of the use right of the homestead,this paper analyzes the principle foundations of the homestead usufruct transfer.With the evaluation of the current status of homestead ownership transfer,the difficulties of resolving disputes and judicial judgment,this paper discusses the legitimacy and feasibility of the homestead use right transfer.With the supports of the national policy documents and reform pilot experience,this paper makes following suggestions: the homestead transferor should include original county residents and the residents who have work in the district and paid social insurance for certain years;establish paid use system and limit single family base area and period,double fines when exceeding;control the transition made by solely owner,clarify the income allocation,to complete the social function and risk management of the homestead use right transfer.