A Study On The Circulation System For Usufruct Of Rural Construction Land

There are three different points in theory about the circulation of rural construction land usufruct which are circulation prohibited, circulation and free circulation on the basis of privatizing ownership of the land. On the practice, all parts have organized pilot program on usufruct of rural construction land which gradually behaved on its own mode. But it has not reached a common understanding on the breakthrough, thread and concrete system of the circulation of rural construction land usufruct. Furthermore, there is not a nationwide law or normative documents on legal issues of usufruct of rural construction land. Therefore, It brings confusion in theory and mess on practice.Rural construction land includes land for residence, land for public and land for enterprise, and land for residence accounts for 55% of rural construction land. Owing to non-circulation of land for residence, the problem of little property right house has brought to public attention because of its reasonable but illegal performance. Therefore, it is a reasonable choice that legalized little property house as a mean to the circulation of rural construction land usufruct. On the one hand, the little property right house is great people's livelihood problem demanding prompt solution at present; On the other hand, it means taking a key step in the legal circulation of residence base of lifting a ban that the little property right house is legalized, drive the public area and enterprise's land used for circulating, in order to realize the circulating and laying a solid foundation of legal issues of usufruct rural construction land finally.In order to realize the circulation of rural construction land usufruct, we must start from construction of the system, weigh its advantages and disadvantages on the basis of fully combing present relevant laws and regulations and regulatory file, and strengthen relevant legal institutional improvement especially, such as abolish The Law of Land Administration,The Civil Law,The Guaranty Law,The Law Of Urban Real Estate Administration and restriction regarding on legal issues of usufruct rural construction land, Accordingly, Property Law should do something on this respect and specially make the nationwide unified Circulation Management Of Usufruct of Rural Construction Land on the basis of summarizing pilot experience in all parts. Furthermore, it should improve the construction of relevant related systems in order to realize the circulating smoothly of usufruct of rural construction land.