Research On The Transfer Of The Right To China's Rural Residence Land

As prescribed for China's property law, Rural Residence Land Use Right is the right to use rural residence land were collectively owned land according to law to enjoy possession and use rights, and shall have the right to use the land for the construction of residential and ancillary facilities. The existing system of using the rural residence land right through the process of ownership of rural residence land to the homestead right to use the development, based on the rural residence land collectively owned land system. The purpose of its establishment is to maintain social stability in rural areas, and play the role of social security and welfare for farmers. For a long time, China's laws and regulations are basically prohibited the circulation of the right to use rural residence land, allowing only the right to use rural residence land within the organization in the transfer of a collective , leading to failure to give full play to rural residence land as the value of land resources. In the new era of socialist new countryside construction, on the one hand, farmers desire to use transfer the right of rural residence land in order to play value of the land, access the economic interests, achieve the financing needs, which factors formed the unauthorized transfer of the right to use rural residence land,in practice. Such unauthorized transfer of violation of laws and regulations, triggering a series of social issues such as property rights disputes, is not conducive to social and economic order and stability and the healthy and orderly development of land markets. On the other hand, the establishment of a nationwide rural social security system, to a certain extent, undermined the right to use rural residence land with the role of social security. For this reason,there are real needs and feasibility for the transfer of the right to use rural residence land.Throughout the land transfer system of the civil law and common law, their own merits. And through the study of Japan, Germany, and China's Taiwan region's on the ground right system which formed on the basis of private land ownership, we find that the system set up to promote the circulation of land use rights, both to meet the needs of land use rights to achieve the optimal allocation of land resources, but also bring benefits to the land owners, give full play to the value of the land value-added benefits. As the same time, the UK formed the unique system of land ownership in order to Regulate land transfer and protect the legitimate rights of land use right. Therefore, improving the transfer system of China's the right to use rural residence land needs to absorb and draw on the ground right system and the positive aspects of property system.We can not be ignored that to explore the transfer of the right to rural residence land must be based on China's national conditions.By studying the practice of rural residence land appear idle, the unauthorized transfer of the right to use rural residence land and other issues, learning the advanced experience of the pilot areas which are allowed to transfer the rural residence land right to use, such as China's Guangzhou, Tianjin and so on., analyzing the necessity and feasibility of the establishment of rural residence land to use rights transfer system, putting forward a sound use of our rural residence lands'rights transfer system, specific proposals with a view to the use of our homestead rights transfer system, the reform and development specific proposals to promote the reform and development of the use of China's rural residence land rights transfer system.