Research On The System Of Transferable Land Use Rights For Rural Residential Land

The transfer of the right to use residential land is of vital interest to the people and has long attracted the attention of all sectors of society.At present,the academic and practical circles have reached a basic consensus on the transfer of the right to use residential land,that is,the right to use residential land should be allowed to be revitalised and utilised in order to realise its economic value and social security functions,thereby promoting the revitalisation of the countryside.A glance at the history of the land system shows that it has evolved from the initial"separation of two rights" to "separation of three rights".The adjustment of the land system has given rise to numerous disputes over the transfer of residential land use rights,which inevitably aggravates the dilemma of judicial practice.Based on the principle of "housing and land as a whole",disputes over the transfer of the right to use residential land in judicial practice mainly focus on the sale and purchase of rural houses,and judges generally apply general and principled provisions in the process of ruling,and the phenomenon of "different rulings on the same case" also frequently occurs In addition,in cases where the contract for the sale and purchase of a farmhouse was invalid,the judges cited normative documents of a lower level of validity and distributed the benefits in an unbalanced manner.The reasons for this are that,in terms of concept,too much emphasis has been placed on the welfare and protection of the right to use the residential land,ignoring its private property rights,resulting in the unclear property rights of the right to use the residential land;in terms of the specific system,there are many problems such as the narrow scope of the subject to be transferred,the lack of a regulatory mechanism and the limited role of the withdrawal system.In view of this,in order to solve the relevant problems,from the theoretical level,it should be clear that the right to use the residential land is a kind of beneficial property right,and the rule of registration is adopted as the rule of change of the right to use the residential land,and to a certain extent,the principle of "housing and land as one" can be broken through,and two ways of separate and combined transfer can be applied;from the specific system level,it should be appropriately expanded to the transferee.The scope of subjects to be transferred should be appropriately expanded,and the participation of subjects withdrawing from residential bases should be strengthened,a sound regulatory mechanism should be established,a fair and just value assessment system should be set up,and a system for the distribution of land appreciation income after the transfer should be constructed,so as to safeguard the legitimate rights and interests of farmers who have lost their land.