Research On The Transfer System Of Rural Homestead Use Rights

The transfer of the right to use rural homestead under the background of "three rights division" has been proposed since the "No.1 Central Committee" in 2018.On the basis of previous studies,this article analyzes the current situation of homestead utilization,and studies how to avoid the idling and waste of homestead and the hollow village phenomenon in reality.In addition,how to give consideration to the guarantee function of farmers' right of residence and the circulation of rural homestead use right is also a topic worth discussing.In2019,the agriculture Nong Cun Bu about idle homestead and actively yet prudently develop rural empty houses to revitalize the notice of the use of work clearly pointed out: "we need to protect their rights and interests,in a variety of names against farmers will forced circulation of rural homestead and forced farmers to go upstairs,may illegally take farmers legally acquired land,shall not withdraw from the homestead as a condition of farmers become urban residents." On the premise of revitalizing the utilization mode of rural homestead in accordance with local conditions,we should support rural economic organizations and their members to make use of rural homestead and idle houses by various means such as self-management,renting,shareholding,cooperation,etc.,and fully protect and safeguard the legitimate rights and interests of farmers.The author mainly analyzes the problems existing in the homestead transfer process and puts forward some opinions on the homestead transfer.This article is divided into four parts.The first part is the evolution of the concept and system of the right to use homestead.It mainly introduces the related concepts of the three rights division and the right to use homestead,the main ways of the transfer of the right to use homestead,and the historical evolution of the transfer of the right to use homestead.The second chapter is mainly the present situation of the circulation of housing land use right and practice mode,analyzes the current situation of our country homestead,as well as to the remote areas and suburban areas of the rural land circulation benefit balance mechanism are analyzed,in addition,the "three to" make an empirical analysis of the circulation of housing land use right pilot areas,the successful reform experience is of great significance to our country after the transfer of land use right.The third chapter mainly analyzes the legal problems existing in the process of the transfer of the right to use rural homestead,and then the fourth chapter puts forward specific path construction and some suggestions for improvement,in order to provide some help for the reform of the right to use rural homestead and the revitalization of rural China.