Research On The Rural Homestead Use Right Circulation In The View Of Civil Law Regulation

In recent years, "San Nong" issue has become the most common concerns in our government and society at the present stage. how to improve the living standards of farmers, is the most important. Rural homestead use right circulation arises from our unique system of dual background, the subject of land ownership in China is only state and collective economic organizations. but How to meet the people's daily needs of the land? So our country set up some creative land use right:Rural homestead use right,the collective construction land use rights, the state-owned land use right and other Land usufruct to meet the use demand. Civil law scholars believe that right can be transferred as property. our country's relevant provisions of the Rural homestead use right, circulation has been forbidden. what is Rural homestead use right? how to regulate it from the perspective of civil law? Does it need to enter the transfer market? Could enter the transfer market? In this article we discuss these issues, base on Sichuan and Chongqing circulation of Homestead's innovative experiments.Part I:Sichuan and Chongqing circulation of Homestead's innovative experiments of rural homestead use right circulation. After Sichuan earthquake has happened, what can be provided by our country,is far less than actual need. Therefore, Sichuan launched a joint post-disaster housing system. Joint post-disaster housing system realized rural homestead use right circulation. On the one hand, by rural homestead use right circulation, attract a large number of social funds to realize peasant housing reconstruction. On the other hand, by attracting a large number of social funds to develop business, tourism, service industry and other industrial projects. Solve the problem of farmers live work and income, after reconstruction in disaster areas, and create the conditions of economic development for future.Chongqing land ticket system come from urban and rural construction land supply and demand contradiction. It also realized rural homestead use right circulation. This is a bold and innovative attempt, has a great significance Construction in realizing rural homestead use right circulation. Partâ…¡:Essence and function of rural homestead use right:analysis of existing legal norms. Rural homestead use right is a right over the property of another. Land occupier is not the owner of land. So, its right has been limited. Rural homestead use right actually is a right over the property of another decided by identity.Rural homestead use right is established for protecting farmers have house to live. With the development of social and economic, Property attribute of rural homestead use right become obvious. Rural homestead's living function divided into two parts:living function and asset function.Partâ…¢:Investigation of reality:necessity of rural homestead use right circulation. First, Restrictions on ural homestead use right can't bring the right in to use effect, Cause a serious waste of land resources. This part, through the analysis of social phenomenon, reveals the existing land use right law system of serious deviation from the the reality. Rural homestead use right need to be transferred.Rural homestead use right limit resulted in our legal system of the conflict. The legal basis of reality in the unceasing development, the limited circulation system and the legal system appeared not harmonious.Partâ…£:The premise of rural homestead use right circulation. Circulation of rural homestead use right is forbidden. The reason is that rural homestead use right obtain based on identity; Housing guarantee purpose. So, Remove identity and Alternative housing safeguard, are the premise of rural homestead use right circulation.Another condition is Value-added benefit assignment. Cancel rural homestead use right circulation restrictions, is abound to bring the land circulation value-added. System of rural homestead use right circulation should be designed distribution this part value-added interests fairly.Partâ…¤:Rural homestead use right circulation in the view of civil law regulation. in this section, legal subject in the relation of circulation is discussed first. Then to the object of legal relation:the relationship between Housing ownership and Rural homestead use right. Last but not the least is establish the real property registration system of rural homestead use right.