| The house site system that produced after the founding to solve the housing problemof the majority of farmers is a peculiarity land system in China. The house site system hadseveral changes and every change had a special historical background.In recent years, insome areas, especially in the rural areas of the urban fringe, the private transactions of theright to the use of house site is serious.The private transactions is continuing to occur andgetting worse, and gradually breakthrough the limitations of the legal and regulatorydocuments.At the present stage, the legislation on the right to the use of house site inchina is decentralized and simple, and restrict the transfer of the right to the use of housesite. The house site system has lagged behind the development of society, with thecontinuous development of socialist market economy and accelerating process ofurbanization in china. The phenomenon about the transfer of the right to the use of housesite is increasingly prominent, but it is lack of legal regulation. We can not ignore theexistence of these events. we should carefully analyze and study the reasons and problems,and provide a practical basis to improve the relevant system.This paper mainly used the following research methods: theoretical practice, historicalanalysis, comparative analysis. This paper defines the concept of the right to the use ofhouse site, combs the history and the current legal provision of the system, analyzes theLegislative Value of restricting transfer the right to the use of house site. Based on this, thispaper summarizes the main situation of spontaneous transfer, and analysis the problemsand the reasons.At the same time, this paper focuses on the theoretical foundation oftransferring the right to the use of house site, analyzes the theory of institutional changeand the theory resource allocation and advance the reform should adhere to the valueorientation of " giving priority to efficiency with due consideration to fairness ".On thebasis of the above studies, this paper puts forward perfecting the transferring system shouldadhere to the idea that "conditionally allow, phased release, sounding legal norms oftransferring, co-ordination of national,collective and farmers’ interests " and adhere to the principle of the voluntary, set of conditions and paid transfer". And proposes thatperfecting the transferring system needs to establish differentiated paid system and unifiedhouse site and housing registration system, and the improvement of rural collectiveeconomic organizations. And discussed in detail about the perfection of transferring theright to the use of house site system from the following aspects: carrying transfer pilot,setting the conditions and procedures for transfer, clearing the mode of transfer,establishing a unified transferring market and revenue allocation mechanism about housesite and housing. |
