Research On The Legal Issues Concerning The Circulation Of The Right To Use Rural Homesteads

In 2018,the "central document No.1" put forward the system of "separation of three powers" of homestead,which provides the policy basis and legal support for activating the use value of rural homestead,and prepares the conditions for the rapid and effective circulation of homestead."pull a hair to move the whole body".homestead in order to achieve circulation,must be legislated from the legal level,and fully consider the balance of economic interests of all parties.Because the transfer of homestead is not only related to our country's current laws and land policies,but also to the protection of the rights of rural villagers and social stability,it can effectively guarantee the economic development of our country's rural areas,to promote the process of agricultural modernization,break through the barriers of Dual-sector model,thus realizing the free flow of various elements between urban and rural areas.In addition to the foreword and the conclusion,this article altogether has five parts.One is the countryside homestead right of use basic outline.From the perspective of the fundamental nature of the right to the use of homestead and the distinct characteristics of the right to the use of homestead,the right to the use of homestead has the characteristics of welfare,gratuitous use,subordination and permanent use,so as to clarify the premise and basis of the transfer of the right to the use of homestead.Second,the rural homestead right to use the current situation of the transfer analysis.From the Legislative Status Quo,the judicial status quo,the reality of the existence of property rights are not clear,circulation system is not perfect,complete system and other issues.The third is the necessity of the circulation of the right to the use of rural homestead.From the perspective of rural revitalization,market economy and land resources,this paper analyzes the real needs and practical significance of the transfer of homestead.Fourth,the rural homestead right to use the feasibility of circulation.From the legal,economic,social,policy analysis of the transfer of the right to use homestead conditions have been completed.Fifthly,the safeguard measures for the circulation of the right to use rural homestead.This paper puts forward to perfect the legislative construction of the right to the use of rural homestead,to speed up the confirmation of the right to the use of rural homestead,to optimize the registration system of the right to the use of rural homestead,to establish and perfect the circulation system of the right to the use of rural homestead,and to perfect the rural social security system.