Research On Homestead Right Circulation

In China the rural land is owned by collectives and peasants only have the right to use the land to build houses. Therefore, the paper has to involve the circulation of housing of peasants when we study homestead right circulation. According to the current law, the state allows the internal circulation of homestead right among the villagers, but prohibits the individual and the external circulations. This policy leads to two problems: the internal circulation is not smooth and there are a large number of hidden circulations. We can do the following to solve the problems: allow homestead right circulation with the circulation of eligible peasants'houses, expanse the transferee of the housing of peasants moderately, allow the eligible residents in cities and towns to buy the legal houses of peasants to obtain ownership of the houses and homestead right, meet the need of the value and financing of peasants'houses and improve the circulation systems of homestead right and housing of peasants gradually.This article is about more than 30,000 words, including the introduction, body and conclusion form, in which the body is divided into five parts.The first part is the analysis of the meanings of homestead right and homestead right circulation. Homestead right refers to the right that the rural villagers possess, use, and make certain actions to the land to obtain certain benefits according to the law. The rural villagers use the land, which is owned by the rural collective economic organizations, to build houses and ancillary facilities. That is approved by the relevant organs. Homestead right circulation refers to the changes of homestead right people and homestead nature in the process of the production, the main change and eliminate.The second part is the status of homestead right circulation. First, it analyzed the current situation of homestead right circulation and summed up China's basic attitude, which is to limit the homestead right circulation strictly. Then it analyzed the defects of the policy in the real life. Finally, it analyzed the free circulation, the limited circulation, the strictly limited circulation and the prohibition of circulation. And it thinks that it is both reasonable and relatively feasible to relax homestead right circulation, which should become the direction of the reform.The third part is the bases and meanings of relaxing homestead right circulation. The main bases are: the basis of economics, which conformed to the rules of market economy; the basis of jurisprudence, which can play the value of the law better; the practice basis, which is consistent with the reform trend of homestead right. The relaxation of homestead right circulation is helpful to increase peasants'income, promote the integration of urban and rural residents and strengthen the collective economy. That has a great significance on China's urban and rural development.The fourth part is the models and specific forms of homestead right circulation. The three main models are: dominated homestead right people, the rural collective economic organizations and local governments. Each mode has its own characteristics and advantages and disadvantages. No matter what kind of flow patterns, there are mainly 10 kinds of specific forms.The fifth part is the ideas of reforming the system of homestead right circulation. First, we should uphold the collective homestead, respect the ownership of peasants'houses fully and improve homestead right circulation. And then the relaxation of homestead right circulation must follow the following principles: strict protection of cultivated land; strengthened identify in the initial circulation and weakened identify in a second circulation; free internal circulation and charged external circulation; differential treatment and guidance. To ensure the reasonable circulation, China should establish buy-back systems of homestead right, the filing system of the flow of peasants'houses and the systems of the payment.The problems of homestead right circulation have aroused much controversy in the process of the property law-making, and will certainly occur heated debate in the revised Land Management Law. These arguments help us to examine the housing of peasants and homestead right more fully. They also help the state legislature to develop the system of homestead right circulation, which is more suitable for China's national conditions. I hope this study is beneficial to improve the system of homestead right circulation.