Rural Land Circulation Law Studies

As a usufructuary right system, rural land use right system for our country unique inthe system, as the collective members of the farmers of the rural economy, land legalpolicy permitting, by the manner of distributing free of charge. indefinitely to obtain acorresponding proportion of the rural economy collectively owned land for theconstruction of housing, to build outbuildings, the land is the farmers’ homestead. Atpresent, China’s market economy, the rapid development of rural areas has undergone atremendous change has been further recognized in the law on rural land contractmanagement right, but it is incompatible with a substantial development of state-ownedland use rights, even if sustained market of cities and towns of the double impact of ruralresidential land use rights system in the circulation did not have a substantive breakthrough,which greatly hindered the development of rural economy. In theory and practice, thesystem of the existing rural land use right has been seriously out of line in the legislativenorms, laws and regulations related to rural land use right is simple and not the whole,academic experts and scholars debate sound especially high, By its very nature, socialsignificance, the way forward and uncompromising. In recent years, due to the suddenemergence of the real estate market, the land suddenly appreciation, followed by a lawsuitdisputes related to various types of rural residential land and housing is more and more, thelack of relevant laws and these contradictions, and stepped up to try those the difficulty ofthe case. In this context, the interests of the majority of farmers is an urgent need for a ruralhomestead right to use the legislation to protect the land use right to the free flow is ageneral trend. Contact point to rural land use right transfer system, a comprehensiveanalysis to explore the various deficiencies of the system of rural land use right, on thisbasis to build a line with China’s specific national conditions, improve the rural land useright circulation system.The first part of a comprehensive introduction to the concept and characteristics ofland use right. First of all, from a different perspective on the concept of rural residentialland use rights clear, the object of this study in order to determine at the outset; Second, acomprehensive analysis of the various characteristics of the rural land use right, made therural homestead and eradication elaborate and further clarify the legal property of the landuse right to do the necessary groundwork for the introduction of circulation.The second part elaborates the history and current situation of rural residential landuse right transfer, thus revealing the many difficulties currently faced by the rural land use right.The third part, according to the current academic debate over land use right transferDiscrimination, further excavation of rural residential land use rights reform and the needfor rural land use right transfer system, the possibility of depth perfect.The fourth part, described in the previous paper, based on the Rural Land status quo,presented the preliminary concept for the establishment of rural residential land use rightstransfer system, starting from a legal and practical point of view, and build points systemdescribed, in order to good legislative proposals to improve the transfer of land use right.