Study Of The Acquisition Of Land Use Right

China is a large agricultural country, the rural collective land for the collective and farmers is important. At the same time the limited land resources, which in rural construction land and farmland contradiction exists between the shift in relations. I sustained rapid economic growth as the population increasing the demand for rural construction land increasingly strong. Based on our current law the purpose of protecting farmland, housing and rural development to prevent the transfer of land would make the people lose the value of accommodation considerations strictly limit the construction of rural land and land use right of free circulation. But in practice some of the practices already exceeded the current legal system in China. However, in dealing with these practical issues, we can not the simple negative evaluation is given in accordance with the law. These questions prompted us to re-construction land in rural areas of knowledge. In reality, the particular, the right to build a new system to the rural estate trade strong presence of "hidden market", rural finance, housing turnover and a series of problems, practical solutions for the "three rural" issue, building " harmonious society "to provide assistance; the abstract terms, it can break the existing system on the personal freedom of anachronistic restrictions to restore the land, and housing of the product attributes, to enable farmers to enjoy real meaning of wealth in the dominant power, so as to achieve their personal provide the necessary conditions of their own values. Land use right as a property of the rights of great significance for the farmers, because of homestead status to obtain a strict and national restrictions on the free flow of house sites, making the process of development of social practice far beyond established legal system based on phase characteristics. "Property Law" of Chapter XIII of the legal system in building residential land use of the legislative reference system of technical change for the later set aside a certain amount of space. Therefore, how to balance China's national conditions, but also conducive to the development of urban and rural integration, building a new homestead system focus.The author, through the access of rural residential land use right system in detail, the last sort out our land use right acquisition procedures and defects. Article will focuses on the freedom of our land use right transfer issues and the best possible advice for our system of land use right to contribute.