| China has the largest agricultural, the largest number of farmers and the oldestrural in the world. Issues of agriculture, farmer and rural area have always been theoverall and fundamental problem about the party and the state’s development."Farming problem" is the core of the problem. The land is the most basic life securitysource for the farmers. The rural homestead usufruct is carrying the social securityfunction of the farmers’ living. The current rural homestead usufruct system based onthe guidelines of protecting the farmers’ living rights and interests to achieve the goalthat the tenant has its room. Real Right Law of the People’s Republic of Chinaestablished the using right of rural housing land usufruct attribute, which is of greatsignificance for the maintenance of the legitimate rights and interests of farmers. Butthe formalization of the rural homestead right of use has not really solve the problemof transfer. At present the attitude of legislation is strictly limit to the transfer of thehomestead-use rights, which bring the conflicts between the social reality and thelegal system. Not only cause low utilization of land resources and hinders the processof integration of urban and rural economic and social development. The principleviews of the thesis is agree with the legalize of transfer the homestead-use rights,adhere to the concept of fairness and efficiency. We should set up the fairnessphilosophy in the process of acquiring of the rural homestead usufruct and the efficiency philosophy in the process of using the rural homestead usufruct. Give therural homestead usufruct complete usufructuary power. Establish a " paid, deadline,transfer" system of the rural homestead usufruct. In order to safeguard the vitalinterests of farmers and promote the urban and rural overall development.Besides introduction and conclusion, the thesis is consisted of four parts:Chapter1is the overall statement of the basic theory of the rural homesteadusufruct. First introduce the concept of the rural homestead usufruct, determined theresearch object of the paper. Then reveals the features of the rural homesteadusufruct.At last sketch the history of the rural homestead usufruct.Chapter2is composed of two parts. One part introduce the legal regulation ofthe rural homestead usufruct from the aspect of law, administrative regulations andpolicies. Point out that legislation is strictly limit to the transfer of the ruralhomestead usufruct.Another part introduce three theories about the transfer of therural homestead usufruct, which conclude the theory of free transfer,the theory ofrestraint transfer and the theory of prohibit transfer. The author come to theconclusion that our country should allow the free transfer of the rural homesteadusufruct after analysis the value orientation, legal base, reality needs of these theories.Chapter3is mainly about the defects of the transfer system of the ruralhomestead usufruct of our country.First of all, it is emphasized that the transfersystem of the rural homestead usufruct which is build on the base of the socialsecurity can not adapt the requirement of the new era. Follwed by analysis thecontradictions between the transfer system of the rural homestead usufruct and therural housing transaction system, inheritance system and mortgage system. Theauthor draw a conclusion that it is necessary and urgency to make the free transfer ofthe rural homestead usufruct.Chapter4gives advertises on the reformation and innovation of the free transfersystem of the rural homestead usufruct.On one hand it must improve the legal system,on another hand it must set up some releated system. It is vital important to establishthe legislative ideas of the fairness and efficiency.Then guide the reformation of therural homestead usufruct from the aspects of acquisition, transfer and eliminate. It is proposed to establish the rural homestead usufruct and housing registration system,the paid transfer system of the rural homestead usufruct.And amend the social securitysystem, also reform the household registration system. All in all establish the transfersystem of the rural homestead usufruct under the socialist market economy. |
