Research And Suggestions About Flowing Homestead Using Right In Urbanization Process

In the recent 30 years, with the high-speed growth of economy, our country is experiencing a period of high economic growth, population grouth accelerating urbanization process, and high demanding of land. It's our objective requirements and inevitable selections to promote urbanization actively in the marketization process to realize the modernization.However, the limitations in the existing rural villages flow system restrict the free flow of land, capital and labor, which helps neither the development of modernization nor the integration of urban and rural; it also delayed the citizenzation of peasants, impeded the structure transformation of dual economy. Therefore, there is a vital practical significance of handling the rural homestead appropriately, it's not only related to the implement of the urbanism strategy, but also influencing the realization of the Construction of the New Socialistic Countryside. Judging from all the aspects of labor transfer, rural development in the urbanization process, arable land protection, resource integration and financing promotion for peasants and protection of their interests, it indicates that the urbanization need a reasonable transfer of the rural housing urgently.It becomes a practice in current rural of the circulation systems of the right of use of homestead, which is wide in scope, large in number, and variety in forms. As for the systemic defeat of the law of reasonable use right of land flowing, the current one is illegal and disorder, which causes problems frequently. These defeats include:poor management, injustice, erratic transactions on housing land use right, drain of social credibility, conflicts in legislation, difficulties in judicial practice, inability to form a efficient market, unreasonable resources allocation, and lots of disputes over interests during the flowing of the housing land.To solve the problems in the circulation systems of the right of use of housing land and regulate the market, we need to clear the legal obstacle to reasonable transfer of the housing land, and establish a correlative system. The suggestions are as followings:to establish a strict registration systems, a system of valid term and compensation for their use, a system of fining for the idle land and recovering the use right, and a system of distributing the profits; and also establish a improved transfer procedure system, and a management system for the capital earned from the flowing of the housing land use right by collective economic organizations, and a orderly rural housing land market system.