Study On The Legal Issues Of The Transfer Of The Right To Use Homestead

Since ancient times,land has been an important material basis for people’s production and life.The land system also reflects the social conditions all the time.The land system is an important system to maintain social stability in China.As an important part of the land system,it is necessary to integrate the homestead system deeply with the new era.At present,except for pilot areas,the transfer of the right to use homesteads abroad is absolutely restricted.A large number of homesteads are idle and become sleeping assets.There are also problems of hidden transfer of the right to use homesteads.It is consistent with the national conditions of the new era and the best way to realize the effective utilization of homestead resources to gradually open the circulation by improving the circulation system of the right to use homestead land.This paper is divided into five chapters,which summarizes the basic theory of the transfer of the right to use the homestead,summarizes the practical problems and practical exploration experience of the transfer of the right to use the homestead,and puts forward corresponding suggestions for improvement in view of the legal problems existing in the system of the transfer of the right to use the homestead.The first chapter is the introduction,which mainly includes the theory of forbidden circulation,the theory of free circulation and the theory of compromise.As for the study of circulation path,there are mainly legal leasehold path,above-ground right path and "separation of three rights" path of homestead.There are also studies on the transfer risk of the right to use the homestead and the registration mode of the right in the transfer.The second chapter mainly studies the concept of the right to use the homestead and the nature of the real right.The academic circles have different views on the legal nature,mainly including the theory of usufructuary right and the theory of quasi-ownership.The author thinks that the right to use the homestead is a usufructuary right.This part also sorts out the legislative evolution of the transfer of the right to use the homestead.In addition,the author expounds the contents of the theory of forbidden circulation,free circulation and the compromise theory.The author agrees with the compromise theory and thinks that it is more consistent with the development of our country to gradually open the circulation of the right to use the homestead,and puts forward that the right to use the homestead should be transferred according to law.The third chapter studies the homestead system reform pilot area of several typical flow patterns,summarizes the homestead in the market,land replacement,ticket transaction,the advantages and disadvantages of "separation of division" mode,learn the advantages of each mode,thinking about how to overcome the disadvantages of each model in order to get effective improvement of the system of housing land use right transfer.The fourth chapter introduces the legislative status quo of the land circulation system in China,analysis of housing land use right transfer of relevant laws,regulations and rules,sums up the land circulation system has five aspects of the legal issues,including the homestead law did not fulfil "separation division",transfer registration mode does not clear and strict limits on foreign policy circulation,etc.In combination with the practical and practical problems of the transfer of the right to use the homestead,the paper puts forward that the reason for the problems lies in the imperfect current transfer system.The fifth part put forward the suggestion that perfecting the land circulation system,mainly around the implementation of the land policy of "separation of division" is put forward in equality,voluntary,protect the interests of farmers,under the guidance of the principle of public power intervention,by defining the land circulation mode of registration effect,in the legislation to the circulation of the main body,transfer,transfer procedures and regulations,and to perfect the land circulation mechanism of complementary,make sure that the land circulation in accordance with the law.